HR Home Forums Answer for Employee resigns without proper notice

Conner Lantz
Keymaster
Post count: 4836

Yes and No.
Yes, the employment letter may require the employee to provide the notice required by Sec. 58(1) of the Alberta ESC–although you wouldn’t need to do that since employee’s already required to provide notice unless one of the exemptions of Sec. 58(2) applied, in which case the contract clause would come into play. In other words, the contract would require notice even where the ESC doesn’t.
But reducing employees’ accrued vax for not providing required notice would be far more problematic especially if the resulting amount would be below the minimum required by the ESC. I don’t think there’s any way you can do that, but I’m going to get a second opinion from our payroll guru, Alan McEwen. Will relay his response as soon as I get it.