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While 90% of Alberta workers are governed by provincial law, a critical 10% fall under the federal Canada Labour Code. If you work in a federally regulated industry, you have a set of job protections far superior to the provincial standard — including the right to claim unjust dismissal.
Unlike provincial law, federally regulated employers do not have the right to terminate an employee without cause just by paying severance. This was affirmed by the Supreme Court in Wilson v. Atomic Energy of Canada Ltd. If you’ve worked for 12 months, your employer must prove the termination was for one of two legally permissible reasons:
Federal jurisdiction covers inter-provincial and national operations, including banks; air, rail, and marine transportation, including trucking that crosses borders; pipelines, tunnels, and bridges that cross borders; telecommunications and broadcasting; and federal Crown corporations and First Nation activities. If your employer operates in one of these sectors, the Canada Labour Code — not Alberta’s Employment Standards Code — governs your rights.
Federal employees often don’t realize they can fight to get their job back, not just collect severance. But the window is only 90 days. The single most important thing you can do is get advice before that deadline quietly passes.
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Workplace challenges can be difficult to navigate alone. Our firm is committed to helping employees understand their rights and find the right path forward.
We confirm whether your employer is federally regulated and whether you qualify for unjust dismissal protection, then move quickly to protect the strict 90-day deadline for filing your complaint.
We pursue the powerful remedies available under the Canada Labour Code that aren’t available in a typical court action — including reinstatement, damages in lieu of reinstatement, and back pay that can often dwarf standard severance.
testimonials
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Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
We work with employees from all backgrounds who need trusted legal guidance during difficult workplace situations, including severance package reviews and wrongful dismissal claims.
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