A dependent contractor typically has a higher degree of autonomy and financial risk than an employee but is economically dependent on the employer as their source of a substantial majority of their income.
Employment relationships are not always black and white, even if there is a written agreement between both parties. Such relationships exist along a continuum, with employees and independent contractors at…
In Liebreich v. Farmers of North America, the employer was ordered to pay damages to a worker after the Court held that the worker was, in fact, a dependent contractor and not an independent contractor as alleged by the employer.
A recent decision of the Ontario Court of Appeal is an important reminder of how costly fixed term agreements can be for businesses when they are not used correctly.
Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.
Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As one of my Canadian HR Law blog posts discusses, even…
Stuart addresses the importance of properly characterizing two different employment relationships – employee and independent contractor
I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee…
A recent Ontario appeal court ruling that upheld a damage award for an independent contractor underlies the need to exercise caution when using fixed-term contracts.
The misclassification of workers as contractors when they are actually employees has wide-reaching implications for employees and employers alike, but the risk is typically greater for employers, as it can…
The question of independent contractor versus employee has been a hot topic in the world of employment law for years now, and one that frequently makes news outside of legal circles. In a post for Canadian HR Reporter last year, we looked at the case of a Domino’s Pizza driver who gained publicity when the Ministry of Labour accepted his complaint, and determined that he was actually an employee and not an independent contractor. That driver was issued back pay to partially compensate for the misclassification.
So far, two out of three court decisions have said that temporary layoffs during the pandemic are constructive dismissals.
