Long-term employee challenges classification that limited notice period to just six months
The Court of King's Bench of Alberta recently dealt with a wrongful dismissal case involving a long-term employee who worked for a securities company for over two decades.
The worker had served in multiple roles, including regulatory compliance and corporate governance positions, before her termination in December 2020.
The worker argued she had been continuously employed since 1996 and deserved substantial notice based on her lengthy service, senior age, and managerial responsibilities.
She claimed her employment classification and notice entitlement had been incorrectly assessed, particularly given her integral role in company operations and regulatory compliance requirements.
The employer maintained that the worker's employment should only be counted from 2018 when a written agreement was signed, arguing that irregular salary payments and periods without wages demonstrated she was merely a casual employee with limited notice entitlements.
The worker started employment with the securities company in 1996 as a Registered Representative under the Investment Industry Regulatory Organization of Canada (IIROC).
Throughout her career, she also worked as a compliance officer and corporate secretary.
The company was initially owned by her husband through a holding company until October 2017, when another company purchased shares.
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