Employer Slapped for Terminating Employee While On Leave

Gurpreet Shoker was terminated by her employer during an illness leave without notice or sufficient reason. She contested this, leading to her employer’s punitive order by the Alberta Labor Relations Board (ALRB) to pay $5,543.65 in ordinary wages. The termination during protected leave is deemed unlawful by law, unless justified with substantial reasons. Failing to adhere to these regulations can result in severe legal consequences. This case underscores the importance of understanding an employer’s obligation under the Alberta Employment Standards Code and the Alberta Human Rights Act. Exploring this case further will provide deeper insights into employees’ protections.

Key Takeaways

• Gurpreet Shoker was unlawfully dismissed without notice while on unpaid leave due to illness.
• Shoker won a claim for $5,543.65 in ordinary wages after contesting the termination.
• The termination during protected leave is presumed unlawful if no substantial reasons are provided.
• The employer was ordered to pay four weeks’ termination pay, highlighting the legal consequences for such actions.
• Disability-related terminations such as this may invoke higher remedies under the Alberta Human Rights Act.

Background: Shokers Employment Termination

Gurpreet Shoker, a legal assistant at Tammy L.D. Nicholson Professional Corporation, faced termination from her employment while on unpaid leave due to illness, a decision made without notice or just cause. This abrupt termination occurred while Shoker was away from her role due to health concerns, throwing her professional and financial stability into question.

Shoker contested the termination and was successful in getting the Director of Employment Standards to award her $5,543.65. This sum represented her ordinary wages for the remainder of her unused leave, offset by any Employment Insurance she received during that period. However, despite this success, Shoker was not reinstated to her previous position, as the professional relationship had been irreparably damaged by the termination.

The employer appealed the decision, arguing that Shoker had been on unpaid leave and would have earned nothing during her notice period. This argument hinged on sections 53.97, 53.971, 55, 56, 57, 82, and 89 of the Alberta Employment Standards Code. This case, therefore, highlighted the complexity of labor laws and the rights and protections afforded to employees.

Analysis: Legal Implications and Consequences

Delving into the legal implications and consequences of Shoker’s termination, it becomes evident that the employer’s obligation to provide notice of termination coexists with the protection of employees on leave. This correlation underscores the seriousness of such an act and its potential contravention of the Alberta Employment Standards Code.

Termination during protected leave is generally presumed to be against the law unless justified by substantial reasons. The employer fell short in providing such reasons, hence the Alberta Labour Relations Board (ALRB) decision ordering the payment of four weeks’ termination pay. This compensation is calculated using the pay in lieu of notice provisions, a key element in protecting employees’ rights during such cases.

Furthermore, the ALRB’s decision is a clear signal that employees are presumed to return to work after their leave, reinforcing their protection under law. While the employer’s argument lacked merit, this case also highlights the limitations of the Employment Standards Code. For more severe cases involving disability-related terminations, victims may consider pursuing claims under the Alberta Human Rights Act, which can offer potentially higher remedies. However, such a course also comes with its own set of challenges and considerations.

Evaluating the Case

In light of the Alberta Labour Relations Board‘s decision, a thorough evaluation of the case provides key insights into the complexities of employee termination while on protected leave. The board adjudicated that Gurpreet Shoker, the employee, was unjustly dismissed without notice while on unpaid leave due to an illness. The termination is seen as contrary to Alberta Employment Standards Code‘s sections that protect employees on leave.

The employer’s argument lacked merit, with the board presuming Shoker would have returned to work post-leave, consequently warranting her termination pay. The employer was ordered to offer Shoker 4 weeks of termination pay, amounting to $5,231.16, based on pay in lieu of notice provisions. This decision underscores the concurrent obligation employers hold to provide termination notice and the protected rights of employees on leave.

The case further highlights that the Employment Standards Code offers only limited protection to employees. For stronger defense, disability-related terminations could invoke the Alberta Human Rights Act, which could potentially provide higher remedies. Consequently, while human rights complaints contain drawbacks, they offer considerable potential remedies, offering employees an alternate recourse path.

How Taylor Janis Workplace Lawyers Can Help

When dealing with intricate employment termination cases like Shoker’s, the expertise of Taylor Janis Workplace Lawyers can prove invaluable, as they specialize in employment law across Alberta and BC, ensuring a thorough understanding of workplace law and the rights of employees. The team can assist in various ways to help employees understand their rights and navigate the complexities of employment law.

1. Legal Analysis: The team can perform a detailed analysis of the case, scrutinizing the circumstances of termination and other relevant details.
2. Legal Representation: They provide robust legal representation to employees, ensuring their rights are protected and their interests are represented in disputes with employers.
3. Advice on Legal Rights: Taylor Janis Workplace Lawyers provide guidance about the rights of employees under the Alberta Employment Standards Code and the Alberta Human Rights Act.
4. Litigation and Mediation: They can help in filing a lawsuit, if necessary, or facilitate mediation between the employee and the employer to resolve the dispute amicably.

With their extensive knowledge of employment law, Taylor Janis Workplace Lawyers are well-equipped to support employees in challenging situations such as unlawful termination during a leave period.

Conclusion

The Shoker case highlights the need for both employers and employees to understand the complexities of employment termination during protected leave.

The Alberta Employment Standards Code provides some protection, but the potential for higher remedies under the Alberta Human Rights Act suggests a need for additional clarity.

This case underscores the importance of seeking legal counsel in such scenarios to guarantee fair treatment and compliance with the law.

The onus is on employers to navigate these situations carefully to avoid legal ramifications.

References

Tammy L.D. Nicholson Professional Corporation v Shoker, 2023 CanLII 52612 (AB ESA)
https://www.canlii.org/en/ab/abesa/doc/2023/2023canlii52612/2023canlii52612.html

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