contractor

Not an employee? Not an independent contractor? How the courts define the hybrid

June 11, 2012 Matt Lalande, Lalande & Company Lawyers Employee Relations, Employment/Labour Standards, Human Resources

Increasingly, Canadian courts have recognized an in-between class of agents that are not technically employees or not technically independent contractors. Over the past few years, our courts have come up with a hybrid category of agents called “dependent contractors.” These are independent individuals who work so closely with employers, and whose relationship status with their “employer” is so sufficiently long-lasting, as to allow them entitlement for reasonable notice.

contractor, dependent contractors, economic dependency, employee, employment law, employment relationship, hybrid position, independent contractor, intermediate or hybrid class, McKee v. Reid’s Heritage Homes Ltd., ontario, reasonable notice, Sarnelli (cob as East End Lock and Key) v. The Effort Trust Company, Self-employed, type of employee

Misclassification of workers: contractors or consultants?

January 5, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring

I have often written and spoken about misclassification of workers, specifically that many organizations agree to call workers “contractors” or “consultants” even though they are, in reality, employees. The bottom line is that our courts and government agencies, including the Canada Revenue Agency, will not be swayed by the terms used in a document or the manner in which parties describe their relationship. They will look at the reality of the situation, and…

Canada Revenue Agency, consultants, contractor, contractors, employee or self-employed, employment contracts, employment law, employment relationship, independent contractors, Misclassification of workers