Welder ‘bonded’ to company after nearly 15 years of hourly work

|Canadian Employment Law Today

MacLennan v. Thyssen Mining Construction of Canada Ltd., 2002 SKQB 178 (Sask. Q.B.).

The Saskatchewan Court of Queen’s Bench has held that an hourly-wage construction employee was considered a permanent employee and was entitled to reasonable notice of termination based on the common law and was not limited to the minimum standards under provincial employment standards legislation. The court found the worker was entitled to regard himself as a permanent employee of the defendant due to his employment of significant duration without layoff.

MacLennan was a welder who had worked for the defendant continuously for a period of 14 years and eight months. Although he was paid hourly, he considered himself a permanent employee and believed his employment would continue indefinitely. He argued he was entitled to reasonable notice, or pay in lieu of notice, upon dismissal as determined by common-law requirements.