The complainants filed an unfair labour practice complaint alleging the respondent taxi company unlawfully terminated their relationship.
As a preliminary matter, the respondent argued the complainant owner-operator was an independent contractor, not an employee.
The Board applied the dependent contractor test under the Labour Relations Act, finding the complainant was economically dependent on the respondent's dispatch service and subject to significant control over his work.
The Board dismissed the preliminary objection, concluding the complainant was a dependent contractor and therefore an employee entitled to the Act's protection.
