Last year, we discussed a case which held that preventing an
employee from working during a purported "working notice"
period can constitute constructive dismissal. The rationale for the
decision was that unilaterally preventing an employee from
performing their duties (even when they're still receiving
their pay and benefits) is a fundamental change to the terms of
employment. In Thompson v Cardel Homes Limited
Partnership, 2014 ABCA 242, the Alberta Court of Appeal again
affirmed this principle, but in different circumstances. This case
highlights the dangers of preventing an employee from working, and
the importance of carefully drafting employment contracts.
Thompson was employed under a fixed term contract. One month
before the expiry of the fixed term, the employer gave him a letter
notifying him that it would not be entering into a new agreement
with him. The letter went on to advise him that he would not be
required to attend at work for the remainder of the
