First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

dependent contractor

By | 4 Minutes Read

Heller v Uber: My modest analysis

In  Heller v. Uber Technologies Inc., 2021 ONSC 5518 Justice Perell certified a class action involving UBER drivers seeking a declaration that they are employees and thus obtain damages for alleged breaches of the ESA as well as unjust enrichment and negligence.

By | 5 Minutes Read

So what exactly is a “dependent contractor”?

I have often commented on the widespread misclassification of workers and, more specifically, the common practice of treating a worker as an Independent Contractor when they are really an employee in all but name.

By | 4 Minutes Read

Work is work: Duration of dependent contractor status to be included in notice calculations

In the recent decision of Cormier v. St. Joseph Communications, the Court of Appeal upheld a motion judge’s finding that when calculating reasonable notice periods, an employee is entitled to include the duration of time they were an dependent contractor. This case highlights the risks posed by evolving employment relationships and the importance of drafting legally defensible termination clauses.

Footer

About us

Established in 1995, First Reference provides organizations with practical and authoritative resources to help ensure compliance with constantly changing Canadian legislation and best practice

Main Menu

Stay Connected