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Claiming constructive dismissal as an independent contractor

Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes.

Facts

The case concerned a commercial real estate broker, Barresi, who was retained as an independent contractor by the defendant Jones Lang LaSalle Real Estate Services, Inc. (“JLL”). There was no debate as between the parties that Barresi was to be an independent contractor to JLL, notwithstanding the facts that Barresi was expressly authorized to hold himself out as a Vice President of JLL and the Local Practice Lead in the Ottawa area.

Barresi was an experienced and accomplished real estate broker, having practised for over 25 years in the area of commercial and residential real estate. For most of his career, Barresi has been associated … Continue reading “Claiming constructive dismissal as an independent contractor”

By | 3 Minutes Read

Using independent contractor not a “get out of jail free” card

A business' obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: The Federal government`s introduction of legislation for a stronger Canada Pension Plan and a more secure retirement for Canadians; a case where the Ontario Labour Relations Board had to decide whether a worker was an employee, and not an independent contractor, as under the Employment Standards Act, 2000; employer compensation budgets for 2017.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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