Ontario Labour Relations Board upholds distinction between employee and independent contractor
Counsel to VuPoint Systems Ltd.
Lead by
Michael Cleveland
Brent Schneider v VuPoint Systems Ltd., 2022 CanLII 28263 (ON LRB)
In a March 30, 2022 decision, the Ontario Labour Relations Board (the “Board”) dismissed an application against VuPoint Systems Ltd. (the “Company”) and the Director of Employment Standards (the “Responding Parties”), that sought to review a decision by an Employment Standards Officer who concluded that the provisions of the Ontario Employment Standards Act, 2000 (the “Act”) were inapplicable in his favour.
In response to the initial application, the Company, which offered various services to Bell Canada and Bell ExpressVu, submitted that the Applicant was an independent contractor to whom the Act does not apply to, a point to which the Board agreed with upon reviewing the relationship between the Company and Applicant. The Application was ultimately dismissed in favour of the Company.
Evan Campbell and Michael Cleveland (Labour & Employment) represented the Company in the successful proceedings.
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