Employment Law

The Alberta Labour Relations Board (ALRB) recently ruled that a truck driver was misclassified as a “construction employee” at the time of his termination — entitling him to more than $1,000 in wrongful dismissal damages.

In September 2023, the individual gave his employer, Sub Terrain Excavating, three weeks’ notice of resignation in order to resume working in the oilsands for the winter season.

The company decided to terminate his employment and provided no compensation in lieu of notice — claiming they didn’t have to because he was a construction employee.

WATCH: Employment lawyer Lior Samfiru delves into employee misclassification on an episode of the Employment Law Show.

“Factually, [the individual’s] work does not meet the [province’s] definition of [a construction employee],” the ALRB’s ruling reads.

“He was employed solely driving a truck, either delivering sand to golf courses or materials to a construction site. Delivering materials to a construction site is not construction.”

SEE ALSO
• Alberta site supervisor awarded $31K after demotion, pay cut
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Key takeaway for employees

Non-unionized workers in Alberta shouldn’t depend on their employer’s characterization of their employment relationship to determine their legal entitlements.

It’s not uncommon for companies in the province to misclassify staff as contractors,...

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