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ARTICLE · 22 APRIL 2025

Entitlements Of Employees Impacted By Group Termination Under The Canada Labour Code

Osler, Hoskin & Harcourt LLP
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In Re Lynx Air Holdings Corporation and 1263343 Alberta Inc Dba Lynx Air, 2025 ABKB 182 (Re Lynx Air) the Alberta Court of King's Bench confirmed that employees who are terminated...

CanadaEmployment and HR
Shaun Parker
Shaun Parker
Cassandra Betts
Cassandra Betts
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In Re Lynx Air Holdings Corporation and 1263343 Alberta Inc Dba Lynx Air, 2025 ABKB 182 (Re Lynx Air) the Alberta Court of King's Bench confirmed that employees who are terminated as part of a group termination under the Canada Labour Code (the CLC) are not entitled to group termination notice, or pay in lieu thereof. The decision subsequently concluded that pay in lieu of a group termination notice under the CLC therefore does not form part of a Wage Earner Protection Program Act (WEPPA) claim. Thisis the first case to rule on the interpretation of section 212 of the CLC as it relates to termination pay in over two decades, since the Nova Scotia Court of Appeal addressed the issue in Conrad v. Imperial Oil, 1999 NSCA 29.

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