Caitlin Russell was quoted in the article “New Legal Risks of Retaining Contractors Instead of Employees” published by Canadian Underwriter.
The article looks at Bill 148 which, if passed into law, would change existing laws, including the Employment Standards Act, Labour Relations Act and Occupational Safety Act.
The changes would give independent contractors who feel they really ought to be considered employees “a different avenue to seek a remedy against an employer,” said Caitlin.
Caitlin went on to warn: “the onus is now on the employers to prove that they actually have been properly classified, so it reverses the onus that would be the case in a civil claim. So now the employer has to be able to basically prove through a written contract, and not only a contract but actually the facts of that relationship, whether that person has been properly characterized.”
Caitlin Russell is a contributor to our Employment & Labour blog, employerlawblog.casselsbrock.com.