When workplace changes disrupt long-standing employment terms, employees in Alberta may face unexpected challenges. The recent Alberta Court of King’s Bench decision in Nickles v 628810 Alberta Ltd., 2025 ABKB 212 provides valuable insights into constructive dismissal—a legal concept that can affect anyone, from office managers to remote workers. This blog breaks down the case to help employees in Alberta understand their rights, and explain how Alberta courts handle wrongful dismissal claims.
What Happened in Nickles v 628810 Alberta Ltd.?
Margaret Lynne Nickles, the plaintiff, worked as an office manager for a vein clinic for 37 years, beginning in 1986. For most of her career, she worked from home, visiting the office only when necessary—a flexible arrangement that suited her role and proved effective over decades. However, in 2023, following a change in ownership, her employer, 628810 Alberta Ltd., demanded she transition to full-time office work with less than three months of notice. At the same time, her husband became ill, adding personal strain to an already significant workplace shift.
Nickles argued this was not a “return to the office” but a drastic change to her job, amounting to constructive dismissal—a situation where an employer alters employment terms so fundamentally that it equates to termination. When she resisted, the employer offered a compromise: 2.5 days per week in the office, with the possibility of increasing that requirement later. Nickles declined, and the dispute proceeded to court.
On March 19, 2025, Justice J.R. Farrington heard her case in a summary judgment application—a faster method to resolve disputes without a full trial. The court ruled in her favor on the constructive dismissal issue and now awaits further arguments to determine her compensation.
Key Takeaways for Employees in Alberta
1. What Is Constructive Dismissal?
Constructive dismissal occurs when an employer makes a major change to your job—such as forcing a remote worker into the office full-time—without your agreement or proper notice. If the change is significant enough, the law treats it as though you were terminated, entitling you to compensation. In Nickles’ case, the court found that her work-from-home arrangement was a core part of her job, and the sudden shift breached that agreement, which constitutes termination and entitling her to a severance.
2. Why Summary Judgment Matters
Courts use summary judgment (Rules 7.2-7.4) to settle cases quickly when the facts are clear, saving employees in Alberta time and money. Justice Farrington relied on written evidence, such as emails and letters, to decide Nickles was constructively dismissed, demonstrating that a lengthy trial is not always necessary to achieve justice.
3. Mitigation: What Is Reasonable?
After a dismissal, employees in Alberta must try to “mitigate” their losses—meaning they make a good-faith effort to find new work. The employer argued Nickles should have accepted their 2.5-day office offer to reduce her damages. The court disagreed, ruling that she was not obligated to accept a deal that could still force her into full-time office work later. This shows that mitigation has limits—employees in Alberta are not required to accept just any offer.
4. Damages and Notice Periods
If you are wrongfully dismissed, you may be entitled to pay in lieu of notice. The court assessed Nickles using factors from a well-known case from 1960, Bardal v Globe & Mail Ltd., such as her age, years of service, and job type. For an employee in Alberta with 37 years at the same company, this could mean substantial compensation.
Justice Farrington has requested both sides to submit additional arguments on damages within the next few weeks, by early May 2025. The focus will be on:
- How long Nickles should have been given as a notice period, likely substantial given her 37 years.
- Any other factors affecting her compensation, such as her efforts to find new work.
Given Nickles’ long tenure with the employer, she is likely entitled to the highest limit – in the range of 24 months’ pay.
How This Case Impacts Employees in Alberta
Whether you are a long-term employee or a remote worker in Alberta, Nickles v 628810 Alberta Ltd. shows that employers cannot overhaul your job overnight without consequences. Here is what employees in Alberta should watch for:
- Sudden Changes: If your employer demands a major shift—such as moving from remote to in-office work—check if it aligns with your original agreement.
- Notice: If you have worked for decades, you deserve reasonable notice upon termination.
- Legal Options: If you suspect constructive dismissal, a summary judgment could resolve your case faster than a trial.
At TZ Law, we specialize in employment law across Alberta, helping employees in Alberta navigate wrongful dismissal, constructive dismissal, and workplace disputes. This ruling reinforces that Alberta courts prioritize fairness, even in a fast-tracked process.
Why Choose TZ Law for Employment Issues?
Facing a workplace dispute in Calgary or anywhere in Alberta? TZ Law offers expertise for employees in Alberta in:
- Wrongful Dismissal Claims: We will assess if your termination—or a major job change—entitles you to compensation.
- Constructive Dismissal Cases: From remote work disputes to contract breaches, we fight for your rights.
- Negotiation and Litigation: Whether it is settling out of court or taking your case to a judge, we have employees in Alberta covered.
Final Thoughts
The Nickles v 628810 Alberta Ltd. decision, released on April 4, 2025, is a victory for employees in Alberta facing unfair workplace changes. It serves as a reminder that long-term loyalty deserves respect—and that Alberta courts are prepared to intervene when it is not given. If you are an employee in Alberta dealing with a similar situation, do not wait. Contact TZ Law today for a consultation.