LEEL 369 Lecture Notes - Lecture 5: Patently Unreasonable, Pointe-Claire, Independent Contractor
4 Aug 2019
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L"heureux-dub raises significant issues on the approach, but is anything but deferential. Even the majority: keeps the outcome, but changes the reasoning, so it"s not really deferential. We shouldn"t take it out of context without understanding the context. She says the legislator should decide, not the labour court; the labour code is not appropriate anymore. We should not create an absurdity to respond to unforeseen circumstances. (vs the majority acknowledged that a gap existed, but considered that the labour court had responded to it in a manner that was not patently unreasonable. * now the standard of review is not patent unreasonableness anymore. Employees of temporary agencies tend not to organize vis- -vis the agency. Usually, requests tend to come from municipalities, hospitals, the ccst. Natrel: natrel contests the labour commissioner"s decision on the basis that its employees are independent contractors, and not employees. Natrel (direct natrel client), 20% payed directly to the distributor.
