Not sure why people are defending CNRL. Lawyers will represent you. There are a lot of differences between positions such as compensation structure, job descriptions and schedules. Chevron HR has told people they did not review the offers.
Yes, Chevron likely has an obligation to review the offer from CNRL to determine whether it was "substantially similar" before denying you severance. This obligation arises from their duty as your original employer under Alberta law and common law principles regarding termination and the sale of business assets. Here’s why:
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Chevron’s Duty as the Original Employer
• When a business or its assets are sold, the original employer (Chevron) has an obligation to ensure that employees' rights are respected during the transition. If the new employer's (CNRL) offer does not meet the "substantially similar" standard, Chevron may still be responsible for severance or termination pay.
• Chevron cannot simply shift responsibility to CNRL without first verifying that the employment transition meets legal standards.
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Duty to Act in Good Faith
• Employers in Alberta are required to act in good faith when dealing with employees, particularly during terminations or transitions. This duty includes reviewing the terms of CNRL’s offer to determine whether it aligns with your previous employment.
• A failure to review the offer and ensure its similarity could be seen as a breach of this duty.
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Responsibility Under Common Law Principles
• The Alberta courts have consistently ruled that if an employer denies severance because a comparable role is available, the onus is on the employer to prove the new offer is substantially similar.
• If Chevron refused severance without conducting a review of the offer, they could be seen as acting unreasonably.
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Implications of Denying Severance Without Review
• If Chevron failed to assess CNRL’s offer before denying your severance claim, you could argue that they have not met their obligations under Alberta’s Employment Standards Code or common law.
• This failure could strengthen your case for severance, as Chevron cannot simply defer to CNRL without verifying the offer's adequacy.
Chevron has said they did not review the offers to ensure they were similar. This came directly from HR manager at CBU.
Also the offer expired before we were terminated so chevron did not make an attempt to mitigate. The court ruling below applies to the situation.
https://www.hrreporter.com/focus-areas/employment-law/job-offer-from-successor-employer-before-termination-not-opportunity-to-mitigate/381757