MCS 3040 Lecture Notes - Lecture 9: Ontario Human Rights Code, Independent Contractor, Wrongful Dismissal
Document Summary
Employment is based in contract law [has its foundations within here primarily] Also influence by tory aw and government legislation. Contract law and tort law is common law/judge made law. 506 criteria that has come from case law; where someone is an independent contractor or employee. Degree of control diluted over the employee. The more control the employer has over the employee, when, how and where they do they work moves into the realm that one is an employee. Degree of integration how much is this individual really impartial of the employer, or are they apart from the employer: example prof"s case. Slip and feel and broke his leg on ice when delivering package. Payed every friday, cash, use company car, dispatcher tells them where the delivers are, shift hours, provides you with the tools, what hours you work but called an.