Employment Law
Wrongful dismissal in Alberta: what it means and what it does not
5 min read
Wrongful dismissal is a narrower concept than the phrase suggests. It is not about whether a dismissal felt unfair — it is about whether the employer provided what the law and the contract required.
Termination without cause is generally lawful
In Alberta, an employer can usually end a non-union employment relationship without cause, provided it gives the required notice or pay in lieu. A dismissal becomes wrongful when that entitlement is not met.
Statutory minimums are a floor, not a ceiling
Alberta's Employment Standards Code sets minimum termination notice. A written employment contract may provide more, and where the contract does not validly limit entitlements, common law reasonable notice may substantially exceed the statutory minimum depending on length of service, age, position and comparable availability of work.
Constructive dismissal
A fundamental unilateral change to a core term — significant pay reduction, demotion, or a substantial change in duties or location — may amount to a dismissal even where no one used the word. Timing matters here, so advice should be obtained quickly.
Before you sign a release
Severance offers are frequently presented with a deadline and a release attached. Signing ends the ability to claim more later. Having the offer reviewed against your contract and service history before signing is the single most valuable step in most termination situations.
This article provides general information about Alberta law and is not legal advice. For advice about your circumstances, contact Three Dimensions Law at (403) 837-5108.
Related practice area: Employment Law