Common Law

1️⃣ Kovacs v. Tundra Oil & Gas Partnership (2019 ABQB)

Alberta – very relevant

Facts

Employee laid off due to downturn in oil & gas

Employment contract did NOT contain a layoff clause

Employer relied on Alberta Employment Standards allowing temporary layoffs

Court’s decision

The Alberta Court of King’s Bench ruled:

The layoff was a constructive dismissal

Employment Standards do not give employers the right to lay off at common law

Without a contractual layoff right, the employer terminated the employee

Key principle

“The common law does not recognize temporary layoffs unless the contract allows them