First Reference Talks

Discussions on Human Resources, Employment Law and Payroll

By | 12 Minutes Read

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

Employees and independent contractors: The changing nature of employment

Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the organization’s flexibility and obtain special expertise on an as-needed basis. Historically, organizations have been subject to statutory and common law duties in relation to their employees which have not been applied when organizations retain independent contractors. Case law over the past ten years suggests that the classic distinction between employees and independent contractors is becoming blurred.

About us

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.

Main Menu

Stay Connected