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Employment Standards

By Vey Willetts LLP | 4 Minutes Read May 20, 2022

When is a worker both an employee and a contractor?

Worker classification has become a major source of conflict in Canadian employment law. Most media attention in this regard has been given to classification disputes by gig workers (such as the case of whether Uber drivers are employees or contractors). But even outside of the gig economy, classification-related class actions against businesses of all types have been on the rise.

Article by Vey Willetts LLP / Employment Standards, Payroll / classification of employee, classification of worker, definition of employee, employee v. independent contractor, employment law, income tax filings, Misclassification of workers, worker classification, working relationship Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read May 16, 2022

Another case upholds CERB as a reduction of wrongful dismissal damages

Cases from Western Canada seem to support the proposition that CERB payments are deductible while the older cases from Eastern Canada tend to go the other way.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / Canada Emergency Response Benefit CERB, employment insurance benefits, employment law, termination, wrongful dismissal, wrongful dismissal damages Leave a Comment

By Barry B. Fisher LL.B. | < 1 Minutes Read May 16, 2022

BCSC says that CERB is deductible from wrongful dismissal damages

In Reotech Construction Ltd. v. Snider, BCSC 317, Justice Fleming, sitting on appeal from a decision of the Provincial Court, found that the trial judge erred when the Court failed to deduct the $9,000 CERB payment received by the Plaintiff from the damage award.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / Canada Emergency Response Benefit CERB, employment insurance benefits, employment law, reasonable notice, termination, wage loss, wrongful dismissal, wrongful dismissal damages Leave a Comment

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