MCS 3040 Chapter Notes - Chapter 20: Independent Contractor, The Employer, Wrongful Dismissal

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joe Radocchia

Document Summary

Various tests have been developed by the courts. Employment relationship contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services. Independent contractor person who is in a working relationship that does not meet the criteria of employment. Control exercised over the individual by the employer; the more direction and supervision provided by employer, more likely the relationship is employment. The ownership of tools, chance of profit, and the risk of loss from performance of the requested service rests with employer. Degree of i(cid:374)tegratio(cid:374) of the (cid:449)ork i(cid:374)to the (cid:272)o(cid:373)pa(cid:374)y"s activities. Employee has certain statutory rights and benefits, such as paid holidays and overtime. Employee may sue for wrongful dismissal, but this avenue is not available to an independent contractor. Employer is responsible for the torts of an employee in the course of employment, but not for those of an independent contractor in the course of carrying out the contract.