Roga Contracting Ltd. v. Durack, ER #036-329

Our client brought an Employment Standards complaint against his former employer for unpaid wages and severance pay. The employer argued that our client was not entitled to protection under the Employment Standards Act on the basis that he was an independent contractor rather than an employee. The Employment Standards Branch disagreed, finding that our client was an employee because he was subject to a substantial level of control from his employer and had performed work identical to that of the employer’s employees. The Branch awarded our client wages, and vacation and severance pay, and also fined the employer $2,000 for violating the Act.

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