“Where the employer purports to limit the ability of the employee to perform certain types of work, this runs completely counter to the argument that this person is an independent contractor.”
So says Kit McGuinness, a labour and employment lawyer at McKercher LLP in Saskatoon, after the Saskatchewan Court of King’s Bench awarded 22 months’ notice to a worker who was terminated after 16 years of short-term contracts.
“The whole idea behind an independent contractor is they’re not an employee, they essentially come in and do the work to a large extent on their own schedule and they’re allowed to hold other contracts,” says McGuinness.
