Employment Law

An employment relationship can be terminated by either the employer or employee. There are several situations under which a termination of employment may take place: Just Cause Termination by Employer There are very few circumstances when an employer is justified in dismissing an employee without notice or pay in lieu of notice. In order to terminate an employee without notice or pay in lieu, an employer will have to establish ‘just cause’ under common law or ‘wilful misconduct’ under The Employment Standards Act (ESA). Just Cause under Common Law Just cause is a difficult test to meet as the employer […]

  Employers often prefer hiring independent contractors to in an effort to save payments made towards Canada Pension Plan (CPP) and Employment Insurance (EI). However, misclassification of an employee as an independent contractor can have disastrous consequences. Merely asking an employee to execute an independent contractor agreement is not determinative of the relationship. The Canada Revenue Agency (CRA) and Employment Standard officials will look behind that veil of agreement and assess the real intention of the parties. There are several factors that determine whether an individual is an employee or an independent contractor. Below are a few important factors. Classification […]