Who is an Employee

1
Who is an Employee?
2
Ballet Dancers employees or independent
contractors

• How to decide?
• What is test?
• What are factors?
• What is legal context

3
Tests

• Control
• Montreal Locomotive 4 fold test
• Integration/ organization
• In business on won account
• Economic reality

4
Factors

• Relating to control who sets terms and
  conditions, hours, directs, controls planning,
  execution
• Profit/loss how is person paid, do they work
  for others, is their an exclusivity agreement, do
  they hire others, have they invested capital
• Integration how do they advertize, what
  letterhead,what uniform, how long is the
  relaitonship

5
Legal context

• Tax
• Employment standards and maternity leave
• Vicarious liabilty
• Wrongful dismissal
• Certain factor will matter more depending on the
  legal context

6
Intermediate categories

• Increasingly adjudicators recognize an
  intermediate category between employees and
  independent contractors in which the individual
  is not an employee but more employee like than an
  independent business person
• Carter v. Bell Ont. C.A.1936