PILE DRIVERS, DIVERS,
BRIDGE, DOCK AND
WHARF BUILDERS
LOCAL 2404
• ITA Designated Trades
Training Provider
• Trade Certified Pile
Drivers / Bridgeworkers
• NCCA Accredited Certified
Riggers & Signalers
• Red Seal Carpenters
• CWB Certified Welders
•
CWB Certified Welder Test Centre
• CSA Z275.4 Competent Surface
Supplied Divers
• AWS D3.6 Class “B” Underwater
Welding Certification with CWB Stamp
Business Manager – Darrell Hawk
#101-101–580 580 Ebury Place, Delta, BC V3M 6M8
Phone: 604-526-2404 Fax: 604-526-2446 Toll Free: 1-800-562-2404
Email: piledrivers@piledrivers2404.ca Web: www.piledrivers2404.ca
Phone: 604-526-2404 Fax: 604-526-2446 1-800-562-2404
Email: piledrivers@telus.net Web: www.piledrivers2404.ca
“reasonable” alternative employment are excluded from the
notice requirements. In some provinces, certain industries
such as construction, fishing and firefighting are exempt from
the group termination requirements. In other provinces, the
rules do not apply to terminations caused by “unforeseeable
events” or if at least 90 per cent of the workforce continues to
be employed, provided the terminations are not due to the
permanent shutdown of the business.
There are consequences for non-compliance with the
notice requirements. The failure to provide government
notice of a group termination was considered in a 2015 case
of the Ontario Labour Relations Board.
In this case, the employer decided to close one of its
distribution centres. While the employer posted a notice
of termination at the workplace, they did not give a copy
of this notice to the director of Employment Standards as
required by the Employment Standards Act. Under the legislation,
notice to employees is not effective until the director of
Employment Standards receives the appropriate notice.
The Employment Standards officer concluded that the
failure to inform the director of Employment Standards was
in breach of the notice requirements, which entitled the
employee to termination pay in lieu of notice. An employee
sought to expand the order of the Employment Standards
officer to cover other employees who were terminated. This
claim was denied as the employee could not establish that
she was a representative of the other employees, who had not
asserted their entitlements by filing their own complaints.
The takeaway points from this case example are twofold:
first, if an employer fails to meet the group termination
notice requirements, they will be found in breach of the legislation
and they can be ordered to pay termination pay in
lieu of notice, and second, employees who have not been provided
with sufficient notice pursuant to the legislation could
advance independent claims (unless represented by a collective
agent, such as a union), seeking compensation above the
amounts required by the legislation.
Genevieve E. Mushaluk and Jenna R. Seavers earned their Juris
Doctor degrees at the University of Manitoba. They are currently
completing their articles at Fillmore Riley LLP, with an expected
call to the Manitoba Bar in June 2017.
LEGAL
PAN XUNBIN/SHUTTERSTOCK.COM
There are consequences for
non-compliance with the
notice requirements.
DX Hydraulic Hammer
Excavator Mounted
Starting Weight
DX 20 – 8,600 lbs.
DX 25 – 9,900 lbs.
DX 30 – 12,100 lbs.
Double Acting
Hydraulic Cylinder
Cushioned Piston
Connection
One Piece
Cast Ram
80 Blows Per Min.
@ 40 GPM
THE HaWITmH mer
Options
Cage Bottom Options Ram Options Mounting Options
Sheet Pile Head
21 ½" Wide
3,300 lbs
14,750 ft. lbs Standard –
5° Side Plum
Correction
Rotator –
5° Side Plum
Correction &
70° Sideways
Swing
4,400 lbs
17,600 ft. lbs
5,500 lbs
22,000 ft. lbs
Reductions for
Smaller Pile
Pipe Pile & H-Pile
Insert 14" H-Pile with
360° rotate
For more information on products, availability, or pricing, contact us at:
Toll Free: 877-546-6464 | Fax: 260-447-4363 | E-mail: info@jinnings.com
Jinnings Equipment, LLC | 4434 Allen Martin Drive | Fort Wayne, IN 46806
www.jinnings.com
PILING CANADA 65
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