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The Worker's Status: Employee or Independent Contractor

Written for employment lawyers, in-house counsel and human resources professionals, this new text is the go-to volume for comprehensive commentary on the issue of determining when a worker is an employee and when he or she is an independent contractor – as well as the consequences of the determination.
Publication Language: English
Book
$140.00
Quantity

Hardcover | 232 pages

In Stock
Published: February 18, 2015
ISBN/ISSN: 9780433479239

Product description

The question of whether a worker is an employee or an independent contractor is one that has challenged employers, lawyers and the courts for decades. This new text from retired Deputy Judge of the Tax Court of Canada, The Honourable Justice Norris Weisman, provides an in-depth examination of this important issue through a thorough review and analysis of relevant case law and applicable legislation.

Comprehensive Content
Written for employment lawyers, in-house counsel and human resources professionals, The Worker's Status: Employee or Independent Contractor is the go-to volume for comprehensive commentary on the issue of determining when a worker is an employee and when he or she is an independent contractor – as well as the consequences of the determination. Readers of this book will benefit from its valuable content, including:
  • The concise analysis of the law and how it has been interpreted and applied by the courts
  • Useful practice information, such as tips on the appeal process, the informal procedure, calculation of insurable hours and costs
  • Critical commentary identifying where the law is unclear or has not yet been determined
  • Detailed coverage of specific relationships and industries, such as teachers, graduate students, family members, taxi drivers, hairdressers, expert workers, placement agencies and commission salespersons
  • The examination of this subject from both the common law and civil law perspectives
A Handy Resource
The Worker's Status: Employee or Independent Contractor is a practical reference manual for employment law and tax law practitioners, especially:
  • Employment lawyers who need to have a firm grasp of this area of the law in order to advise employer clients on how to structure their relationship with new hires
  • In-house counsel and human resources professionals who must provide hiring advice within an organization and evaluate the status of workers
  • Adjudicators from tribunals and courts who can rely on this text as a reference for relevant decisions surrounding the issues of employment status in both employment and tax disputes
  • Law libraries that need to have the most up-to-date reference materials available for law students and lawyers
 

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Table of contents

Introduction 
Chapter 1: Wiebe Door
Chapter 2: Control
Chapter 3: What's a Tool?
Chapter 4: Chance of Profit and Risk of Loss
Chapter 5: The Minister's Assumptions
Chapter 6: Intention
Chapter 7: Trusted Indicia
Chapter 8: Arm's Length
Chapter 9: Insurable Hours
Chapter 10: Integration
Chapter 11: Insurable and Pensionable Employment by Regulation
Chapter 12: Commission Salespersons
Chapter 13: Casual Employment
Chapter 14: Common Law and Civil Law
Chapter 15: Employees Profit Sharing Plans
Chapter 16: Illegal Contracts
Chapter 17: The Informal Procedure
Chapter 18: The Appeal Process
Chapter 19: Interveners
Chapter 20: Income Tax Returns
Chapter 21: Costs
Chapter 22: Important Law to Know
Chapter 23: The Charter
Chapter 24: Provincial Legislation
Chapter 25: EI/CPP Law in Need ofClarification