This situation is governed by the Alberta Employment Standards Code, and the key issue is that your organization chose to end the employment earlier than the employee’s stated resignation date. Although the employee provided two weeks’ notice, releasing them immediately is treated as the employer ending the employment at that earlier date.
Because the employee had only been employed for about a month, they were still within the 90-day probationary period recognized under Alberta law. During this period, either the employer or the employee can end the employment relationship without providing notice or pay in lieu of notice.
As a result, you are not required to pay the employee through to their intended resignation date. Your obligation is limited to paying them for all wages earned up to their final day worked, along with any applicable vacation pay that has accrued.
One important consideration is whether there are any contractual terms, workplace policies, or collective agreements that provide greater entitlements than the minimum standards. If such provisions exist and promise pay through a notice period, they could override the default rules and require additional payment.
I hope this helps!
-HRInsider Staff
