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A painter engaged by a construction project manager was found to be an independent contractor, precluding wrongful dismissal damages.
The plaintiff, Deborah Fisher, brought a summary trial action against Group Five Inc. and Thom Hirtz for wrongful dismissal.
The primary issue was whether Fisher was an employee, dependent contractor, or independent contractor.
The court found Fisher to be an independent contractor, dismissing her claim for wrongful dismissal damages but granting her an uncontested claim for unpaid work.
The court also provided a hypothetical assessment of notice period and mitigation had she been found an employee or dependent contractor.
Wrongful dismissal decided on summary judgment; employer failed to prove just cause.
The plaintiff brought a summary judgment motion in a wrongful dismissal action after termination from employment as a job captain.
The employer alleged just cause based on tardiness, poor performance, and leaving work early without permission.
The court held the employer failed to establish cause, noting the absence of documented warnings, reliance on hearsay evidence, and lack of contemporaneous records.
The court also found that language in an employee handbook did not clearly limit the employee to minimum statutory termination entitlements under the Employment Standards Act.
Reasonable notice of three months' pay plus reimbursement of a promised tuition allowance was awarded.
