What are the damages for wrongful dismissal of an employee?

Alberta, Canada


The following excerpt is from Hladky v. Alberta, 2005 ABCA 146 (CanLII):

However, that is not the same thing as pay. It is an implied term of employment contracts that before dismissing or terminating without cause, the employer will give reasonable notice, or equivalent pay in lieu of notice. The job is ended, but the employee gets pay for a certain length of time. Alberta’s legislation provides the released employee certain rights to be given another position, where the release comes because of “abolishment” of the original position. However, one should not confuse reinstatement with damages for dismissal without (enough) notice. That is true whether the job is given to someone else, or it is abolished because unnecessary. See Wells v. R., supra, at pp. 216-18 (S.C.R.) (paras. 39-46).

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