Olex Shunting Services
1. Who are the parties?
a. Applicant – Overland Group of TNT Canada, operating as Olex Shunting Services
2. What is the forum?
3. What is the issue between the parties?
a. No dispute over the amount of holiday and vacation pay calculated by the
Officer, only whether the applicant is liable to pay those ammounts
i. Argues not liable, as there was no employment relationship with the
persons listed on this order
b. Applicant also argues that they have given greater benefits to the drivers, so
they shouldn’t have to pay vacation pay and holiday pay
4. Principle findings of fact bearing on employment question?
a. Drivers were expected to wait for their shift to be over, before punching out
clock, instead of being able to leave for a next job (like a contractor would)
b. No chance of loss or profit
c. Tool ownership not present – company supplied trucks and the fuel, workers not