LAW 529 Study Guide - Final Guide: Occupational Safety And Health, Independent Contractor, Jaguar
7 Nov 2017
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The main factors that courts will examine include: Developed into a fourfold test: control; ownership of tools; chance of profits; risk of loss. (see braiden v. la-z-boy canada limited case) (1)the common law test for distinguishing b/w an ee and an ic (2)employment status in the regulatory standards regime. Governments can include a specific definition of employment , ee or er in a statute that overrides the common law tests. Gov"t can broaden or narrow the terms in an effort to accommodate different employment relationships. Unpaid interns are a controversial statutory narrowing of the term ee . Examples from the ontario labour relations act - s. 1(1) The ontario esa also excludes from the definition of ee a worker who is. A dependent contractor falls in between a true ee and a true independent contractor. However, onca has indicated that a dependent contractor is really just a subcategory of ees (mckee v. reid"s heritage homes ltd. , 2009; keenan v.
