Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.
Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).