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dependent contractor

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.

 

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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.

 

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Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

 

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Common law reasonable notice of termination for independent contractors?

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

 

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Dependent contractor receives 12 months pay in lieu of notice

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with: a case that looks at employment relationships, particularly between dependent and independent contractors; a case that looks at workplace accommodation for an employee who uses medical marijuana; and proposed amendments to Ontario legislation in relation to the public use of e-cigarettes and medical marijuana, that would have a variety of impacts on the public, businesses, and employers.

 

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Employee or contractor? That is the $64,000 question

For over 25 years, clients have been asking me whether a person is an employee or a contractor in various legal contexts.

 

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