BU231 Chapter Notes -Independent Contractor, Wrongful Dismissal, Constructive Dismissal
Document Summary
The liability of an employer may be wider than principals. An independent contractor undertakes to do a specified task such as building a house. The contract between the parties do not establish a employer-employee relationship: when a firm undertakes work as an independent contractor, any liability it incurs in carrying out its task is almost entirely its own. Invoices for work done and charges gst/hst: pays his own expenses, assumes the risk of profit or loss. Employment relationship at common law: employer"s liability to third persons, notice required to terminate the relationship. Limited reasons an employer could terminate relationship without notice: assessment of damages for wrongful dismissal. Non-competition clauses: courts are hesitant to enforce because they go against public policy, exceptions: business sale and employee-employer, terms must be reasonable in terms of time, geography, and activity. Liability in contract: the promisor remains liable for satisfactory performance- vicarious liability.
