An employee by any other name…

Even with a signed agreement, courts may still find independent contractors are actually employees
By Mark Mason
|Canadian Employment Law Today

The question of whether an individual is an employee or an independent contractor is an important one to consider when it comes to wrongful dismissal.

If he is an independent contractor, then he has no right to claim damages for wrongful dismissal because there is no employment relationship upon which to sue. But a court may still decide an independent contractor is entitled to a period of advance notice of termination of the relationship in certain circumstances.

The inability to sue for wrongful dismissal is something employers should welcome. Employers should therefore be careful when creating independent contracting relationships in order to ensure they do not become de facto employees. The Ontario Superior Court decision of