Trusted by 1000+ clients
Despite what your employer may claim, losing your job in the construction industry doesn’t mean forfeiting your rights. The belief that construction workers aren’t owed severance is a widespread misconception that employers rely on to pay less.
It’s true that Section 5 of the Alberta Employment Standards Regulation exempts construction workers from minimum statutory termination pay. However, this legal exemption is commonly misunderstood. It only removes certain minimum statutory entitlements — it does not remove your fundamental common law right to reasonable notice, also known as severance.
To avoid paying severance, your employer must prove two things: that a legally recognized “industry custom” exists to deny severance to workers like you, and that this custom is notorious, certain, and reasonable. In our experience, courts are highly skeptical of this defence — as demonstrated in key Alberta decisions like Locke v. Chandos Construction Ltd., employers often fail to meet this heavy legal burden because they cannot provide compelling, concrete evidence of such a fixed custom.
Employers in construction lean on ‘industry custom’ like it’s a settled fact, but courts demand real proof — not just a habit of paying nothing. When they can’t produce that proof, the exemption evaporates and full severance is owed.
our services
Workplace issues can be overwhelming, but you don't have to face them alone. We help employees across Calgary, Alberta understand their legal rights and make informed decisions about the next steps.
We assess whether Section 5’s statutory exemption actually applies to your role, and whether your employer can meet the demanding burden of proving a notorious, certain, and reasonable industry custom to deny severance.
Where that burden isn’t met — as it often isn’t, per decisions like Locke v. Chandos Construction Ltd. — your common law right to reasonable notice is affirmed, and we pursue full severance based on the Bardal factors.
testimonials
Don't just take our word for it. Hear from the employees we've helped navigate wrongful dismissal, severance negotiations, and workplace disputes and the outcomes we secured for them.
Employment Law Advocates made a stressful situation so much easier to navigate. Their team was responsive, knowledgeable, and fought hard to secure the outcome I deserved.
After ten years with my employer, I was terminated without cause or proper notice. Lluc and his team explained my rights clearly and built a strong case from day one. They kept me informed at every stage and secured a settlement that recognized my years of service.
I endured months of harassment before I found the courage to seek help. The team treated my situation with real compassion and took my concerns seriously when others hadn't. They guided me through the process and helped me reach a resolution I could live with.
I'd worked as a "contractor" for years, missing out on pay and protections I was actually entitled to. The team recognized the misclassification immediately and fought to recover what I'd lost. Professional, responsive, and genuinely on my side throughout.
I was accused of misconduct and terminated for cause, and I didn't know where to turn. Employment Law Advocates challenged the allegations head-on and stood by me through a difficult process. Their experience and confidence made all the difference in the outcome.
We work with employees from all backgrounds who need trusted legal guidance during difficult workplace situations, including severance package reviews and wrongful dismissal claims.
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