Pizzadrivers.ca

DELIVERING YOUR PIECE OF THE PIE

HISTORY

The question “What are the legal characteristics of an employee?” has been debated in the Courts for over a century. Since 1900, case law has evolved the definition of ‘employee’ considerably. The business world, and its relationship to its workers, are in a constant state of change, and have become more complex.

Lawyers have asked the Courts to decide the ‘employee or independent contractor?’ question for a verity of reasons, including liability, various forms of employment legislation, the availability of action for wrongful dismissal, the assessment of income tax, the priority taken upon an employer’s insolvency and the application of contractual rights.

For our purposes, the question is “What are the legal characteristics of an employee in 2006 as referenced by EI, CPP, Workman’s Compensation and the Employment Standards Act?”

Federal and Provincial governments have a large stake in the ‘employee definition’ and have turned to the Courts for an answer. 

Recent Court decisions have given us guidance, but no two cases are the same. The determining factors that decide whether a person is an employee or independent contractor, have been defined by Courts all the way to the Supreme Court of Canada. It helps to understand the determining factors. That’s where we come in.

We can help. We have been researching the legal definition of an employee, the factors involved, and the weight of the factors for the past two years. We have challenged a major pizza chain, and we have won our rulings. It’s not that difficult to do and we will help you.