Calgary Real Estate, Wills and Estates, and Business Law Blog

When non-unionized people in Alberta start new jobs, they typically form a contractual relationship with their new employers. Many people do not realize that, when they sign employment contracts, they agree to more than what is in writing. Many employment contract disputes involve implied obligations of which the parties were not aware.

These obligations are called implied-in-fact terms that form part of employment legislation but are not typically set out in employment contracts. Some of the implied obligations of employers include providing safe work environments in which employees are treated with dignity, respect and decency. Also, employers have to pay employees for work done and reimburse workers for authorized expenses incurred. Proper training and required equipment must be provided.

In the 12 months since cannabis became legal across Canada in Oct. 2018, many employers are unsure about their rights when it comes to employees who are impaired by cannabis. This includes business owners in Alberta. While alcohol-impairment on the job might justify termination, does the same apply for cannabis impairment on the job?

The Canadian Federation of Independent Business (CFIB) surveyed business owners across the country. The results indicated that more than 50% of Canadian business owners are unsatisfied by the education their local governments provided about the cannabis legislation as it applies to employment. CFIB found that the number of businesses that reported cannabis-related incidents during the past year was higher for those with more than 100 employees than smaller concerns.

Drafting estate plans needs careful consideration of various matters that will affect the decisions made. Many people in Alberta choose to seek legal counsel to support and guide them through setting up their wills and estates. The choice of beneficiaries is one aspect that offers various options, each with its pros and cons. Along with irrevocable, revocable and contingent beneficiaries, there might be minor children to add as well.

Naming irrevocable beneficiaries means no changes may be made without the consent of the beneficiaries, making it crucial for the testator to understand the implications of such designations. Careful consideration and thought are essential before choosing this option. In contrast, the more familiar option of revocable beneficiaries allows changes to be made at any time. However, it is crucial to keep these up to date because a divorce or a changed will do not automatically change beneficiary appointments on products like RRSPs, RRIFs, LIRAs, and life insurance policies.

Anyone in Alberta who shares his or her workplace with other people might have to endure with some indignities. While it remains playful and innocent, good-natured name-calling, teasing and harmless flirting, it might be acceptable. However, such behaviour can become offensive in an instant, changing conditions from pleasant to hostile work environments.

Employers must prevent the escalation of such conditions by dealing with it effectively when the first sign of potential bullying or harassment appears. If the employer allows such behaviour to persist, it may constitute a failure to fulfill an obligation to the workforce. As soon as employees feel unsafe or unwelcome in their work environments, it is a sign that the workplace has become poisoned.