Employee or Dependent Contractor

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

Featured by as most frequently recommended employment lawyer.

In order to access the protections and rights of the Employment Standards Act, an individual typically needs to be considered an “employee” as opposed to an “independent contractor”

EMPLOYMENT RELATIONSHIP

​Reasonable Notice of Termination

Importantly, independent contractors are excluded from legislation relating to rights upon termination and reasonable notice. The dividing line between these two types of workers has been developed over many years, and is still evolving today. “Dependent contractor” is a third category of worker that must be considered. Dependent contractors are entitled to reasonable notice of termination for their services, just like employees, yet they act in many ways like independent contractors. Dependent contractor status is to be considered a “carve out” from the non-employment category and does not affect or reduce the scope and applicability of existing employment tests. Essentially, an individual may be a dependent contractor when a traditional employment relationship does not exist, yet some of the indicia of independent contractor status are missing. In determining whether an individual is a dependent contractor, and therefore entitled to reasonable notice of termination, the courts will first determine whether they are an employee or a contractor. The courts will ask: Who supplies the equipment? What degree of control does the employer have over the work? How is the worker paid? Can the worker subcontract out their work? Who bears the benefit of profit and the risk of loss? Is the relationship exclusive? What did the parties intend?

​If the worker is a contractor, then the courts consider whether they are an independent or dependent contractor. Exclusivity is determinative is making this decision. This means that if the worker is only allowed to deal with one employer, they are dependent on that employer and therefore are owed reasonable notice. As with a typical employment relationship, if there is cause for dismissal there is no obligation to provide reasonable notice upon termination of the relationship. See Mckee v. Reid’s Heritage Homes Ltd., 2009 ONCA 916 and Boettcher v. Stremecki (1980), 25 A.R. 372 (Q.B.) for relevant cases. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.

CONSULTATIONS

Featured Publications

Canadian Employment Law

Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

Associations