Deckhand’s boat sails without him; he loses court battle because of independent contractor status

|Canadian Employment Law Today

Masyk v. F.A.S. Seafood Producers Ltd., 2003 CarswellBC 2658, 2003 BCSC 1644 (B.C. S.C.)

In 1998 Mitchell Masyk was working as a deckhand on two vessels owned by F.A.S. Seafood Producers Ltd., operating out of Victoria. Altogether he had gone on 10 fishing trips for the firm.

Masyk said he was told by the company’s president that after his last voyage there would be a position on a more lucrative vessel, the Ocean Pearl, in early 1999.