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HRCI

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This activity has been approved for 1 HR (General) recertification credit hours toward aPHR, ...more


Overview

Employers must at all times comply with the minimum terms and conditions of employment set out in employment standards legislation for their employees. Employers must also make required deductions from payroll and comply with various other obligations that arise from employment-related legislation. In contrast, the relationship with independent contractors is different. Most employment-related legislation, such as employment standards legislation, does not apply and contractors must remit their own taxes.  

Why you should Attend

It is critical to understand the distinction between employees and independent contractors given the differences in entitlements that are owing to each. Despite having an independent contractor agreement and believing an individual is an independent contractor, an individual can still successfully claim they are an employee and seek the entitlements owing to employees.

This can lead to unexpected liability for employers. Both the Canada Revenue Agency (CRA) and courts will apply similar factors and examine the relationship between the parties to determine whether the individual is an employee or an independent contractor. To avoid both tax and employment-related liabilities, employers should ensure the relationship functions as intended. This webinar will examine the factors to determine the relationship and cover best practices to reduce the likelihood of misclassification.  

Areas Covered in the Session

  • Differences between employees and independent contractors
  • Factors considered in classifying the relationship
  • Liability for misclassification
  • Best practices to control risk 

Who Will Benefit

  • Employee Relations Specialists
  • Human Resource Managers
  • Human Resource Executives
  • Lawyers interested in learning more about Canadian employment law

Speaker Profile

Ben Currie is a Management-Side Labour and Employment Lawyer who works for Cox & Palmer, a full service law firm with 10 offices throughout Atlantic Canada. Ben is called to the bar in the provinces of Ontario, Nova Scotia, and New Brunswick. Ben practices labour and employment law with experience in all areas of workplace law. Ben regularly advises employers of all sizes on areas such as employee discipline, termination of employment, day-to-day workplace issues, contract drafting, and policy drafting. Ben also has a background in labour and employee relations prior to law and prioritizes practical advice for clients.