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employee v. independent contractor

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 Leave a Comment

By Barry B. Fisher LL.B. | 4 Minutes Read September 20, 2021

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.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / class action lawsuit, dependent contractor, employee v. independent contractor, employment contract, employment law, Heller v Uber Technologies Inc, independent contractors Leave a Comment

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

Independent contractor or employee?

Man signing papersMisclassification 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 Leave a Comment

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