Can an employer rob an employee of an annual vacation by including it within their notice of termination?
Alberta, Canada
The following excerpt is from Deputat v. Edmonton School District No. 7, 2006 ABQB 549 (CanLII):
In Kothlow v. West Coast Savings, [1987] B.C.J. No. 498, Gow J. of the British Columbia County Court stated: ...An annual vacation is not a gift by an employer to an employee, but a right earned by the employee by reason of his service in his employment before he commences the vacation. An employer cannot rob the employee of that right by including the period of the vacation, or any part thereof, within the period of notice of termination.
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