Broadly speaking, employees in Ontario are entitled to notice of
the termination of their employment or pay-in-lieu of that notice.
However, it is common practice in the construction industry for
workers to be employed for the summer months, or on a
project-by-project basis, and then be terminated or laid off. The
Employment Standards Act specifically exempts
"construction employees" from being entitled to notice of
termination. The policy behind this exemption reflects the seasonal
and often inconstant nature of the construction industry in
Ontario.
Although the Employment Standards Act does not require
employers to provide their construction employees with notice of
termination, however, this does not mean that all construction
employees can be terminated without notice. The common law rule
that all employees are entitled to "reasonable notice upon
termination" stands. This common law rule will come into play
when there is no enforceable written termination
