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Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"
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Preliminary Matters for Employment Law (9:IV) (view source)
Revision as of 16:49, 12 August 2019
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In the case of ''Marbry'', the incorporated company, Marbry Ltd., distributed Avrecan’s products almost exclusively for 11 years. Marbry Ltd. employed Mr. Marbry as well as one salesperson. Considering the above factors, the court found that the contractual relationship between Marbry Ltd. and Avrecan required reasonable notice to terminate. See also ''Zupan v Vancouver (City)'', 2005 BCCA 9; ''1193430 Ontario Inc v Boa-Franc Inc'', 78 OR (3d) 81, 260 DLR (4th) 659; ''Hillis Oil & Sales v Wynn’s Canada'', [1986] 1 SCR 57. | In the case of ''Marbry'', the incorporated company, Marbry Ltd., distributed Avrecan’s products almost exclusively for 11 years. Marbry Ltd. employed Mr. Marbry as well as one salesperson. Considering the above factors, the court found that the contractual relationship between Marbry Ltd. and Avrecan required reasonable notice to terminate. See also ''Zupan v Vancouver (City)'', 2005 BCCA 9; ''1193430 Ontario Inc v Boa-Franc Inc'', 78 OR (3d) 81, 260 DLR (4th) 659; ''Hillis Oil & Sales v Wynn’s Canada'', [1986] 1 SCR 57. | ||
The BCSC has recently adopted Alberta’s ruling that dependent contractors are also entitled to notice, albeit possibly to a lesser degree than that of a regular employee (Pasche v. MDE Enterprises Ltd., 2018 BCSC 801). | The BCSC has recently adopted Alberta’s ruling that dependent contractors are also entitled to notice, albeit possibly to a lesser degree than that of a regular employee (''Pasche v. MDE Enterprises Ltd.'', 2018 BCSC 801). | ||
For additional discussion of intermediate contracts, see “Intermediate Contracts of Employment”, Stephen Schwartz, Employment Law Conference 2010, Paper 4.1, CLE BC. For additional discussion of the tests used to determine whether a worker is an employee or an independent contractor, see the Canada Revenue Agency publication: ''Employee or Self-Employed'' (RC4110). This useful publication lists a number of indicators to help determine whether a worker is an employee or an independent contractor, but note that it does not consider the category of dependent contractor. It can be found at: http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-16e.pdf | For additional discussion of intermediate contracts, see “Intermediate Contracts of Employment”, Stephen Schwartz, Employment Law Conference 2010, Paper 4.1, CLE BC. For additional discussion of the tests used to determine whether a worker is an employee or an independent contractor, see the Canada Revenue Agency publication: ''Employee or Self-Employed'' (RC4110). This useful publication lists a number of indicators to help determine whether a worker is an employee or an independent contractor, but note that it does not consider the category of dependent contractor. It can be found at: http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-16e.pdf | ||