CANADIAN LAW Chapter 6 - Agency and Employment Distinguish between independent c

Question

CANADIAN LAW

Chapter 6 - Agency and Employment

Distinguish between independent contractors and employees and why is this distinction important?

Explain the 3 tests used by the courts to ascertain the status of an “employee.”

When will an employer be vicarious liable for the torts committed by an employee?

Name 3 duties/obligations on both an employer and an employee.

Explain how the employment relationship may be terminated.

Define “Just Cause” and give 3 examples.

What does the “duty to accommodate” mean?

Explanation / Answer

Employee status is covered under the Employment Standards Act 2000. This means for an individual to be considered an employee some of the conditions mentioned in the act must be covered. Some of these are

Independent contractors on the other hand are responsible for their own equipment, tools and can determine how and when they want to complete the work. They also have the flexibility to subcontract their work to another agency.

The common law test in addition to employment status act 2000 provides three different measurements to determine employment status. They are

An employer will be vicarious liable for torts committed by an employee when the action or omission takes place during the scope of the employment. For example, if an employee was driving from office to a client site and causes accident on the road, then the employer may be held responsible. However, if the employee was driving to a picnic on a weekend and causes accident then the employer is not responsible.

Employer duties includes

Employee duties includes

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