Employment Law Show: Ontario – S11 E92

Episode Summary

What decides whether someone is an employee or independent contractor? Employment Lawyer Chris Justice, an Associate at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show.

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Back to the office: Many employers have requested employees return to the office after working remotely due to the pandemic. Employees that refuse to return to the office can be considered to have abandoned their employment and resigned. Employees who wish to continue their remote work arrangement should speak to their employers about their concerns and ask for possible flexibility.
• Labelled an independent contractor: The law ultimately decides whether or not an individual is an employee or an independent contractor. Misclassified employees miss out on vital employment rights, such as severance pay upon termination. Employers frequently misclassify employees and rely on their own employment contracts
• Company relocating in a few years: Employers do not have the ability to impose major changes to an employee’s job without their consent. A significant change can be considered a relocation if an employee’s commute is negatively impacted. Employees do not have to accept a change and can consider constructive dismissal. Employers can satisfy their obligations by providing their employees with enough notice of a change.

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