Constructive Dismissal Damages and the Alberta Public Service Act
In the case of Twilley v. Alberta , a dismissed government employee challenged the applicability of a statutory pay-in-lieu-of-notice framework to constructive dismissal scenarios. In reaching its decision, unfortunately, the Court of King's Bench relied on propositions from the Alberta Court of Appeal that are, inarguably, no longer good law . Not entirely the Court's fault; the unsuccessful Applicant relied on those same propositions. Legal Background In 2019, the newly-elected UCP government amended the Public Service Act to fix the amount of notice or pay in lieu of notice that dismissed employees would receive, by adding s.25.01. (3) Notwithstanding any right existing at common law, an employee who is terminated without cause is entitled to a period of notice of termination no greater than the following: ...