Webcast description

Should your business hire an employee or a contractor? What are the legal issues you need to be aware of?

Businesses should enter into work relationships (employee, contractor, or otherwise) which suit their specific needs.

It is therefore critical that decision makers understand all the options available when determining the optimal type of work relationship, as there can be significant legal consequences for incorrectly categorizing these relationships.

Using fact scenarios, this interactive webcast will help prepare you to make optimal decisions when it is time to hire an employee or contractor. This webcast will also provide some insight into alternative work arrangements for existing employees.

With the use of fact scenarios, upon completion of this session, the participants will understand

• the different types of employment relationships which can be entered into (fixed term or fixed project vs. indefinite term)
• the difference between Contractors and Employees
• how the line between Contractor and Employee can be blurred by the actions of the business
• the potential consequences of "mis-categorizing" a work relationship
• alternative work arrangements for existing employees when business needs fluctuate

Presentation outline

The presentation will be divided into four sections, each with its own topic. Each section will begin with a case study, followed by a focus on the general legal principles which will be applied back to the case studies.

Problem One — Fixed-Term vs. Indefinite-Term Employment Relationships
This discussion will focus on the difference between fixed-term (or fixed-project) and indefinite term
employment relationship and the pros and cons for businesses of each type of relationship.

Problem Two — Employment Relationship vs. Contractor Relationship
This discussion will focus on the questions to ask to assess which type of work relationship should be entered into. We will also consider the pros and cons of employment relationships vs. contractor relationships and the challenges businesses face when determining which relationship is optimal for the needs of the business.

This discussion will also focus on the legal liability and/or penalties which may be associated with mis-categorizing these types of work relationships.

Problem Three — Independent Contractor Relationship vs. Dependent Contractor Relationship
This discussion will focus on a middle-ground type of relationship — the "Dependent Contractor" — which is a fusion between Independent Contractor and Employee. We will also discuss the test to determine whether a Dependent Contractor relationship may exist and the potential legal liability associated with being in a Dependent Contractor relationship.

Problem Four — Alternative Work Arrangements
This discussion will focus on options for businesses which employ individuals, but whose business needs may change from time to time. A review of options for employers with existing employees will ensue.

System requirements

Internet Explorer 6 or later is required to view and hear the webcast. In order to access this webcast presentation, please test your system on the computer you will be using for the webcast. Be sure to click on "OK - Play Test" under Status in order to see and hear the video playing.
 
                   A screen shot of the "test your system" tool

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Christine Thomlinson, BA, LLB, co-founded the employment law firm Rubin Thomlinson LLP to provide employer and employee clients with trusted, expert counsel on issues such as wrongful dismissal and terminations, employment standards and contracts, sexual harassment, and disability.

Christine is also a certified workplace investigator, often retained as a neutral third party to conduct investigations into allegations of harassment and other employee misconduct. She and partner Janice Rubin co-authored Human Resources Guide to Workplace Investigations, published by Canada Law Book.

She is renowned for the seminal work she co-authored on employment law: For Better or For Worse: A Practical Guide to Canadian Employment Law.  Written in collaboration with Mr. Justice Randall Scott Echlin, the text is a prime resource for human resource professionals and students across Canada.

Christine also develops and delivers training programs that educate human resource professionals and managers on a variety of employment law and human rights issues.

Christine graduated from the University of Ottawa Law School in 1993, and was admitted to the Ontario Bar in 1995.  She has a degree in Administrative and Commercial Studies from the University of Western Ontario.