Safety & HCM Post

Not Quite an Employee but Close Enough to Qualify for Termination Notice

A sheet metal estimator sued an electrical contractor for wrongful dismissal after his 18-year run with the firm came to an end. The firm denied the charge, contending that the estimator was an independent contractor and not an employee. It was a tough call for the court. On the one hand, the estimator worked exclusively for the firm, was treated just like other employees, included in internal personnel emails and list of “principal and key personnel” and overall integrated tightly into firm operations. On the other hand, the estimator controlled his work hours and work, owned his equipment, made his own EI and CPP deductions and neither received nor claimed any overtime. The court’s decision: He wasn’t an employee since the firm didn’t control his work; but he wasn’t an independent contractor either. He was somewhere in the middle. And this status as “dependent contractor” meant he was entitled to reasonable notice. So the court awarded him 13 months’ notice of $46K [Pasche v MDE Enterprises Ltd., 2018 BCSC 701 (CanLII), May 1, 2018].

Bongarde Editorial

Bongarde Editorial

Leave Comment

Sign up to our FREE Safety & HCM newsletter