Ask the ExpertTermination notice & pay for construction companies with both field and office staff?
hri_Admin Staff asked 1 year ago

How do the Alberta termination guidelines apply to a company that has both office and field staff? Construction workers don\’t need to have notice of termination or termination pay. Are the office staff of said company still governed under the construction worker exception or do regular standards apply to them if they work in the office?

1 Answers
Glenn Demby Staff answered 1 year ago

That’s a really good question. My interpretation is that the termination notice exemption applies only to the field and not the office workers. Reason: Section 5(1) of the ESC Regulations, which I’ve pasted in below. Note the boldface language (the boldface comes from me, not the actual Reg.)
No notice of termination

5(1)  No termination notice is required to be given by an employee, and no termination notice, termination pay or combination of termination notice and termination pay is required to be given or paid by an employer to terminate the employment of an employee if

(a)    the employee is employed at the site of and in the construction, erection, repair, remodelling, alteration, painting, interior decoration or demolition of any: etc. etc. etc.
Employees of an offsite office wouldn’t meet that definition. Hope this helps. Glenn