MCS 3040 Chapter Notes - Chapter 20: Wrongful Dismissal, Parental Leave, Workplace Bullying

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Andrew Mac Dougall

Document Summary

Various tests have been developed by the courts. The tests are: degree of control, ownership of tools, chance of profit, risk of loss, and degree of integration. It is important to distinguish between an employee and an independent contractor because it effects the legal obligations of different parties. An employee has rights under employment laws whereas an independent contractor does not; holiday pay, vacation pay, notice or pay in lieu of notice are provided under the employment statutes to employees but not to independent contractors In addition, there are tax implications for the employer in the employer/employee relationship. The employer is liable for withholding tax in an employment relationship, whereas an independent contractor must take care of the taxes themselves. Employment relationship (cid:28708) contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services. Independent contractor (cid:28708) person who is in a working relationship that does not meet the criteria of employment.