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.
In Canada, employers can dismiss employees in one of two ways: with cause or without cause. If an employer dismisses an employee without cause, and then later discovers that they had been stealing from the company for years, can they now allege just cause for dismissal?
It is not uncommon for an organization to move their offices, or to “transfer” an employee from one location to another. Sometimes, the move is across the street, while other moves are across the country or farther. What happens if an employee refuses to relocate?