Most-viewed articles this week on HRinfodesk

May 9, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations

Intention not enough to determine employment relationship

An employer cannot rely on intention alone to define workers as independent contractors. That’s the lesson from a recent Federal Court of Appeal case in which an employer had attempted repeatedly to hire independent contractors, but could not satisfy the Canada Revenue Agency criteria. “Despite the stated intent of the parties to characterize their relationship as that of independent contractors, the facts of this case suggest otherwise,” the Court said. The employer had significant control over the workers’ work, and limited their financial risk and opportunity for profit to the extent that the relationship was closer to employer-employee than independent contractor.

Taxability of employer-paid membership fees

This CRA External Interpretation document deals with whether a membership fee paid to an organization to assist the employer with labour relations is a taxable benefit to an employee. (In PDF)

The high price of age discrimination

One of the most important issues facing employers today is the management of employees of the baby boomer generation who are nearing the end of their careers. Organizations need to consider their succession plans, while respecting the rights of senior employees who do not want to retire at the age of 65. (In PDF)

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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.

Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more