Recent decisions from the Alberta Employment Standards Appeal Body give new guidance on minimum standards, overtime pay, record-keeping and resignations.

Alberta’s Employment Standards Code (the Code) and its regulations set out minimum employment standards for most employees in Alberta. These include rules about hours of work, overtime pay, vacations, general holidays, and job-protected leaves.

Employees who believe their employers have violated the Code can file complaints with Alberta Employment Standards. An employee can file a complaint while they are still working or within six months after their employment ends.

Employment Standards encourages employers and employees to try to resolve complaints by agreement. If the parties cannot come to an agreement, an employment standards officer may investigate. The officer may then issue an order requiring the employer to pay amounts owing to the employee.

A party who disagrees with an officer’s order can appeal it to the Alberta Labour Relations Board, which acts as the Employment Standards Appeal Body (Appeal Body).

Three recent appeal decisions show how Alberta’s employment standards laws apply to corporate directors, employees claiming overtime pay, and employers who fail to maintain adequate employment records.

When is a corporate director personally liable for unpaid wages?

In Page v Director of Employment Standards, the Appeal Body considered whether a former corporate director was personally liable for unpaid employee...

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