Working notice and vacations

Dismissed worker can’t be forced to use vacation entitlements during working notice period, says Alberta Court of Queen’s Bench
|Canadian Employment Law Today

An employee who has been giving working notice of termination can’t be forced to use his accrued vacation during the notice period, an Alberta court has ruled.

Michael Deputat, senior mechanical co-ordinator with Edmonton School District No. 7, was given notice that his employment was going to be terminated in May 2003. Deputat, who was 56 at the time, was given the choice of working to May 31, 2004, or accepting a $40,000 lump-sum payment.

Because his wife was in poor health at the time, he elected to continue working through the 12-month notice period as the benefits package, which included health-care coverage, would remain in effect.