In Alberta, "Lieu of Notice" refers to a provision under the Alberta Employment Standards Code that allows employers to pay terminated employees in lieu of providing them with notice of termination. This provision is applicable when an employer terminates an employee's employment without providing the required notice period. Lieu of notice is meant to compensate the employee for the lack of proper notice and is calculated based on the length of the notice period that the employer failed to provide. The payment is generally equal to the wages and benefits the employee would have earned during the notice period. There are three types of Lieu of notice in Alberta: 1. Regular Lieu of Notice: This is the most commonly used provision, applying to all employees who are terminated without proper notice. 2. Group Termination Lieu of Notice: This type of Lieu of notice is applicable when an employer terminates a group of 50 or more employees within a four-week period. In such cases, the employer must provide additional notice or pay additional compensation to the affected employees. 3. Temporary Layoff Lieu of Notice: Alberta law allows employers to temporarily lay off employees for a specific period of time without terminating their employment. If an employer decides to terminate an employee during a temporary layoff, they must provide proper notice or pay Lieu of notice accordingly. It is important for both employers and employees to be aware of the Lieu of notice provisions in Alberta, as it ensures that terminated employees are compensated fairly for the lack of proper notice. Employers must understand their obligations to avoid potential legal disputes, while employees should be aware of their rights and entitlements in case of termination without proper notice.
Lieu Of Notice Alberta
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FAQ
If you don't provide enough notice of resignation, it is a wrongful resignation and you may be liable for damages. If you resign wrongfully, you are required to take reasonable steps to lessen the damages to your employer.
An employee could be entitled to get 'payment in lieu of notice' (PILON). This means they stop work straight away but still get paid for their notice period. The employer might have written this into the employee's contract or agreed it with them verbally.
How much notice you have to give usually depends on how long you've worked at the job: If you have worked less than 3 months, no notice is needed. If you have worked more than 3 months but less than 2 years, 1 weeks' notice is needed. If you have worked 2 years or more, 2 weeks' notice is needed.
Termination pay (pay in lieu) The employer may not wish to have their employee work out a notice period. In this case they may give the employee pay in lieu in the amount the employee would have earned had the employee worked through the required notice period.
If you have worked less than 3 months, no notice is needed. If you have worked more than 3 months but less than 2 years, 1 weeks' notice is needed. If you have worked 2 years or more, 2 weeks' notice is needed.