Ontario Employment and Labour Law Blog
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Independent contractors have a duty to mitigate loss of fixed-term work
We have continually cautioned readers about the use of fixed-term employment contracts. The reason is simple: should fixed-term contracts be ended early, there is a high probability that dismissed employees may be entitled to payment for the balance of the remaining term.
Is a new test emerging for worker classification?
Workers are usually categorized as an employee or a contractor. Each category comes with its own distinct set of entitlements and obligations. Generally speaking, a contractor is someone in business for themselves, while an employee works for the benefit of another’s business.
Classification Confusion: Taxi Drivers found to be both Contractors and Employees
Proper classification of workers is a challenging task but one important to get right from the start. Misclassification can have serious consequences, such as exposing an organization to orders for unpaid wages and incurring fines for outstanding CPP and EI contributions.
Paul Willetts Interviewed by Global National about Unionization and the "Gig Economy"
Last week, Vey Willetts lawyer, Paul Willetts, was interviewed by Global National News as part of a report looking at the Canadian Union of Postal Workers’ vote to certify couriers working for Foodora (an app-based food delivery company) in Toronto and Mississauga.
Ontario Court Orders Employer to Pay $50,000 in Punitive Damages
In the recent decision of Morison v Ergo-Industrial Seating Systems Inc. the Ontario Superior Court of Justice made an award of $50,000.00 in punitive damages against the defendant employer. This decision is an important reminder to all Ontario employers of the type of conduct which may attract punitive damages.
Employees in Disguise: Are You Truly an 'Independent Contractor'?
The Ontario economy has been hit hard over the past several years. As such, many employers have sought ways to reduce workforce-associated costs. One common tactic has been to replace employees with contractors. Four significant and cost-limiting changes result when an independent contractor, rather than an employee, is engaged.