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You are here: Home / Employee Relations / Most-viewed articles this week on HRinfodesk

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 2 Minutes Read May 9, 2013

Most-viewed articles this week on HRinfodesk

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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Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Managing Editor at First Reference Inc.
Marie-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 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Human Rights, Payroll, Union Relations / age discrimination, Canada Revenue Agency, control over the workers’ work, duty to accommodate, employee v. self employed, employer-paid membership fees, employment law, end of careers, federal court of appeal, income tax, independent contractors, labour relations, management of employees, membership fee, retire at the age of 65, senior employees, succession plans, Taxable benefits, taxable income

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About Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Marie-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 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.

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