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HRM CA | 07 Aug 2015, 09:00 AM Agree 0
The issue of whether a self-employed contractor is really an employee has been highlighted by two court cases.
  • Tom from Burnaby BC | 07 Aug 2015, 06:17 PM Agree 0
    Great story.
    Just helped my neighbor with a case like this were a hiring went wrong.

    He was hired as an employee. He had NO written contract!

    The company changed its mind and decided to treat the employee as a contractor not announced to him.

    As we found out, Regulators, courts and tax authorities are not generally bound by what is written or unwritten in a contract (if there is one) but will instead consider how the work is being carried out. If they decide that a contractor is in fact an employee it can open up claims by the worker as well as tax authorities.

    CRA ruled in his favor but the company is not cooperating in meeting legal obligation operations as of yet.

    Although his win was good it was a long road to travel.
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