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Independent Contractors

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »

"Canadian Tax Implications Of Hiring U.S. Contractors To Perform Work In Canada"

Jurisdiction: - United States

Jean-Philippe Couture, a lawyer in the Borden Ladner Gervais (BLG) office in Calgary, has written an article entitled, "Canadian Tax Implications Of Hiring U.S. Contractors To Perform Work In Canada".

The article was published in BLG's Fall 2011 Labour and Employment Law News newsletter.

"10 Best Practices in Employment Law"

Lauren M. Bernardi, a lawyer and human resource advisor with the Mississauga firm of Bernardi Human Resource Law, has prepared a list of the "10 Best Practices in Employment Law" (undated).

As further explained in the publication, her 10 best practices are:

  1. Use a complete hiring strategy.
  2. Use employment agreements. 
  3. Use job descriptions. 
  4. Use independent contractors only where appropriate.
  5. Implement employee policies. 
  6. Use progressive discipline. 
  7. Implement a harassment policy. 
  8. Conduct performance evaluations. 
  9. Document, document, document. 
  10. Be fair.