independent contractor

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

So what exactly is a “dependent contractor”?

January 10, 2020 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

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.

dependent contractor, employment law, independent contractor, termination, worker classification

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

December 20, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

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.

dependent contractor, economic dependency, employment law, employment relationship, independent contractor, reasonable notice period, termination clauses of an employment contract, wrongful dismissal claim

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

December 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

Common law reasonable notice of termination for independent contractors?

May 31, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

contracts, dependent contractor, employment law, employment relationship, independent contractor, pay in lieu of notice of termination, pay in lieu of reasonable notice, reasonable notice of termination

Claiming constructive dismissal as an independent contractor

March 20, 2018 Occasional Contributors Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

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 […]

breach of contract, constructive dismissal, employee v. independent contractor, employment law, independent contractor, independent contractor relationship

Divisional court finds employer demonstrated bad faith and acted as “puppeteer” in wrongful termination case of fixed-term independent contractor

January 18, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Human Resources, Notice, Damages and Settlements

The recent case of Radikov v. Premier Project Consultants Ltd et al. is a cautionary tale of the importance of good faith in consulting contracts after the Ontario Superior Court of Justice dismissed Premier’s appeal, finding Premier had acted as a “puppeteer” by keeping Mr. Radikov at its “beck and call” before terminating his fixed term contract two days before completion and refusing to pay the outstanding fixed-term contract price.

early termination of fixed term contracts, employment law, fixed-term contract, fixed-term independent contractor, independent contractor, termination, wrongful dismissal

Dependent contractor receives 12 months pay in lieu of notice

September 13, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

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.

contractual termination provisions, damage award, dependent contractor, employment law, independent contractor, pay in lieu of notice, reasonable notice, reasonable notice period, termination

Three popular articles this week on HRinfodesk

June 22, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Wages by occupation, 2016; The risks of mischaracterizing an employee as an independent contractor; and Employer ordered to pay over $53,000 for unpaid general holiday and vacation pay.

employment law, general holiday pay, independent contractor, vacation pay, wages

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

April 12, 2017 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Wages and Compensation

Learn the Latest at the Ontario Employment Law Conference

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.

18th Ontario Employment Law Conference, 2017 Ontario Employment Law Conference, Chieffallo v Ghuman o/a Appleseed Snowblowing Service, employee v. independent contractor, employment and labour law, employment law, HR conference, HRlaw conference, independent and dependent contractors and employees, independent contractor, independent contractors, Learn the latest, Stringer LLP, vicarious liability

Employee awarded $50,000 in punitive damages in wrongful dismissal claim

February 10, 2017 Cristina Lavecchia Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

The Ontario Superior Court of Justice recently awarded an employee $50,000 in punitive damages in a wrongful dismissal claim because it was “rationally required” to punish the employer for its behaviour toward the employee and to meet “the objectives of retribution, deterrence, and denunciation”.

bad faith allegations, classification of employee, Dismissal, dismissal for just cause, employment law, independent contractor, punitive damages, wrongful dismissal claim

Three popular articles this week on HRinfodesk

January 19, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Meal and vehicle rates used to calculate travel expenses for 2016; important changes to form RC59 coming; and case about employee who was awarded punitive damages in dismissal claim.

dismissal claim, employment law, Form RC59, independent contractor, meal and vehicle rates, meal expenses, punitive damages, termination with cause, travel expenses, vehicle expenses, wrongful dismissal

Three popular articles this week on HRinfodesk

October 13, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

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.

amend Canada Pension Plan, amend CPP, Bill C-26, canada pension plan, Canada Pension Plan Investment Board Act, compensation budget, cpp, employee salary, employee v. independent contractor, employment law, employment standards act, Income Tax Act, independent contractor, retirement

Three popular articles this week on HRinfodesk

March 24, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

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.

accommodating a disability, dependent contractor, discrimination, duty to accommodate, e-cigarettes, Electronic Cigarettes Act, employee v. self employed, employment contract, employment law, employment relationship, human rights tribunal, independent contractor, medical marijuana, Smoke-Free Ontario Act, smoking ban