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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99947
Experience:  Lawyer
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I live in Alberta and have a labour law question. When I was

Customer Question

I live in Alberta and have a labour law question.
When I was due to receive my increment increase the company could not afford the pay increase so we negotiated a extra weeks holiday. A few years later I was given the option to take half the wage increment increase and the other half as a weeks vacation.
We have a policy in place that states after 5 years of service my vacation allotment increases to 4 weeks from the original 3 weeks given for years 1-5. My employer is saying I am not entitled to the increase since I took the extra vacation instead of the wage increase they could not afford.
Just wondering if I am entitled to the 4 weeks vacation awarded for the years of service
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

I am sorry you are in this difficult situation.

Are you in a union?

Customer: replied 10 months ago.
No I am not in a union
Expert:  Debra replied 10 months ago.

What they are doing is not fair and is in breach of their contract.

They told you that even though you were entitled to a wage increase as they could not afford it this would be made up to you by giving you the extra holidays.

But now, if they don't give you another week's holiday you are no longer in a fair position but behind and that was not the goal when they tried to make up to you the fact you could not get the wage increase you were entitled to.

As you are not in a union you cannot compel them to do that right thing.

You can resign and sue for constructive dismissal.

If you don't know that that is let me know and I can explain.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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