Worker still employee despite being labeled a contractor: Adjudicator

Reality of situation outweighs what contract says
|Canadian Employment Law Today|Last Updated: 05/01/2013

A British Columbia worker was in an employment relationship and entitled to reasonable notice of termination, despite the existence of a contract labelling him an independent contractor, an adjudicator has ruled.

Matthew Rennie was a helicopter maintenance engineer for VIH Helicopters, an aviation service provider based in North Saanich, B.C. Rennie was hired in 1993 as a sole proprietorship under the name Matt Rennie Engineering. Three years later, VIH told Rennie he must incorporate in order to remain working for the company. VIH told him the same thing in 1998, with the stipulation VIH would make payments to his new company through invoices.