Alberta truck driver wrongfully dismissed, not a ‘construction employee’
What happened?
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.”
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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, construction employees, management employees, etc. The courts look at the substance of the employment relationship, not an artificial classification.
🚨 Have you been misclassified by your employer? Check out our comprehensive resources for Alberta, British Columbia, or Ontario. You can also use our free Pocket Employment Lawyer to get real-time insights on your rights.
Workplace issue? Contact us
Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.
Whether you’re in Alberta, B.C., or Ontario, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.
⛔ Unionized? You must consult your union representative regarding termination, severance pay, and other workplace issues. These matters are governed by your collective bargaining agreement. By law, employment lawyers can’t represent unionized employees with these issues.
Disclaimer: The materials provided in this article are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.
About the Author
Karen Tereposky
Karen Tereposky is a Calgary employment lawyer at Samfiru Tumarkin LLP who focuses on providing exceptional results for her clients across Alberta.
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