Canmore-based lawyer Austin Ward answers some of the most common legal questions Bow Valley employers face as the busy summer season winds down and seasonal employment comes to an end for certain employees.
What’s the biggest misconception about seasonal employees?
Many employers assume that because a job is classified as “seasonal,” they’re not required to provide notice at the end of the season. But in Alberta, that’s not always the case. Unless the employment contract clearly defines the seasonal term and otherwise complies with employment standards, employers may still be required to provide notice - or pay in lieu of notice - under both statute and common law when the employment relationship ends.
What should employers do as the season winds down?
Hopefully, you have written employment contracts in place with clear end dates and early termination provisions. If so, start by reviewing the contracts for employees considered seasonal. Confirm whether an end date was included and whether it aligns with your current business plans. Even if a seasonal end date is stated, it’s best practice to provide employees with written notice of their final workday and any outstanding entitlements, such as overtime or accrued and unused vacation pay. This helps avoid confusion and reduces the risk of claims for unpaid earnings or wrongful dismissal.
Can employers end seasonal contracts early?
This is where issues often arise. If an employer terminates a fixed-term seasonal contract before the stated end date, they may be required to compensate the employee for the remainder of the term. If the contract is not for a fixed term (i.e., the employment relationship is indefinite), terminating without cause triggers a legal obligation to provide notice or pay in lieu of notice. In the Bow Valley, where staffing needs can shift based on seasonality and visitor volume, these obligations can catch employers o guard. Make sure your employment contracts are clear and enforceable, and seek legal advice before proceeding with terminations.
What legal entitlements do seasonal employees have?
Seasonal employees are covered by Alberta’s Employment Standards Code, which means they’re generally entitled to the same protections as full-time employees. This includes general holiday pay, job-protected leaves, termination notice, and potentially vacation pay. Many of these entitlements apply even if an employee has only worked for a few months.
What’s your advice to Bow Valley employers wrapping up summer staffing?
Be proactive. Provide clear, written communication to all employees about their final pay, entitlements upon termination, and official end date. If you’re unsure about notice, severance, or performance concerns, consult with a lawyer first. Early planning helps prevent misunderstandings and potential disputes down the road.
