Employee Dismissal After Leave

Summary

In Alberta, dismissing an employee after maternity or short-term disability leave requires proving the positions elimination is unrelated to the leave or disability. Employers must make reasonable efforts to find alternative positions. Unfair labor practices during bargaining include bad faith bargaining, interference, and coercion.

Full Conversation

what is the law on dismissing an employee as they return from short term disability because their position has been eliminated?
In Alberta, dismissing an employee returning from short-term disability involves specific considerations:
- Employers cannot terminate employees solely due to their disability (Alberta Human Rights Act).
- If the position is genuinely eliminated, employers must show it was unrelated to the disability.
- Reasonable efforts to find alternative positions should be made.
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what is the test for an unfair labour practice during bargaining in alberta
To determine if an unfair labour practice has occurred during bargaining in Alberta, consider these key points:
- Bad Faith Bargaining: Refusing to bargain in good faith.
- Interference: Interfering with the formation or administration of a union.
- Coercion or Intimidation: Using threats or intimidation against employees regarding union activities.
Do you have any specific concerns or examples related to your situation?
Is a current vendor disqualified from participating in an RFP process, under Canadian law?
In general, there's no blanket ban under Canadian law against a current vendor participating in a new RFP (Request for Proposal) process. However, specific rules may depend on the organization's procurement policies and the terms of the RFP.
Do you have any specific concerns or details about the RFP process in question?