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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

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read August 6, 2021

Independent contractor or employee?

key employeesMisclassification of workers is a significant issue, and it exposes both sides to potential liability. “Deciding” whether to treat a worker as an independent contractor or an employee is not as simple as asking them how they want to be paid; courts and the Canada Revenue Agency will look beyond how the parties characterize the relationship and assess its true nature.

Article by Rudner Law, Employment / HR Law & Mediation / Business, Employment Standards, Payroll / classification of employee, employee v. independent contractor, employment law, employment relationship, independent contractor

By Cristina Lavecchia | 5 Minutes Read February 10, 2017

Employee awarded $50,000 in punitive damages in wrongful dismissal claim

The Ontario Superior Court of Justice recently awarded an employee $50,000 in punitive damages in a wrongful dismissal claim because it was "rationally required" to punish the employer for its behaviour toward the employee and to meet "the objectives of retribution, deterrence, and denunciation".

Article by Cristina Lavecchia / Employee Relations, Employment Standards, Payroll / bad faith allegations, classification of employee, Dismissal, dismissal for just cause, employment law, independent contractor, punitive damages, wrongful dismissal claim

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