Wrongful Dismissal Claims: Employees Working in Ontario's Construction Industry?

In Gristey v. Emke Schaab Climatecare, decided March 19, 2014, it was held that non-unionized construction workers in the Province of Ontario still have a right to sue their employers for wrongful dismissal damages even though they are exempted from the termination pay benefits under the ESA by virtue of the regulations which have been adopted under that legislation .

The decision also states that while a downturn in a business may lessen such an employee's entitlement to pay in lieu of reasonable notice, it does not obliterate it altogether. Employees should always seek the legal advice of a qualified employment lawyer in deciding how to proceed in such situations.

Robert H. Tanha, Employment Lawyer
"You want me on your side.You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.