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Employment status

Tempest in a teapot – How to make your employees boil over

A recent news report stated that DavidsTea, and several popular retailers, have been asked by multiple US jurisdictions to provide information regarding the use of “on-call” shifts. According to the article “DavidsTea under fire for scheduling of staff,” the practice of “on-call” scheduling requires employees to call in to the employer prior to shift to confirm if they are required to come in.

 

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Executive chef loses attempt to unilaterally change status from independent contractor to employee

Many of the cases I have reviewed in recent years on the question of whether a worker is an independent contractor or an employee have inevitably determined that the worker is an employee. While there are some notable exceptions to this trend, I find myself surprised whenever I read a decision that concludes that the worker is in fact an independent contractor. Therrien v Minister of National Revenue, 2013 TCC 116 is one such case.

 

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When is an employee not an employee?

Employees, and employers, frequently seek to paint the employment relationship in a different manner in order to serve whatever goals they may have in either their employment or in the operation of their business. The writer has seen countless “Consulting Agreements” which merely attempt to clothe an employee with some characteristics of an independent contractor in the hope of either reducing taxes or avoiding Employment Standards Act responsibilities.

 

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