MCS 3040 Chapter Notes - Chapter 20: Independent Contractor, The Employer, Vicarious Liability

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joseph Radocchia

Document Summary

Employee or independent contractor: sometimes difficult to distinguish, various tests have been developed by the courts. Employment relationship: contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services. Independent contractor: person who is in a working relationship that does not meet the criteria of employment. Case: 671122 ontario ltd v sagaz industries canada inc, 2001 scc 59, [2001] 2 scr 983. The determinations of whether a worker is an employee or an independent contractor is critical as employee status is the gateway to most employment protection under both the common law and employment-related legislation. Vicarious liability: employer is liable when an employee commits a wrong while carrying out assigned duties or authorized tasks. Negligent hiring: if the employer is careless in hiring, training or supervising, there may be an action against the employer in negligence due to the actions of an employee.