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ARTICLE · 06 JUNE 2024

"Dependent" Contractors Entitled To Reasonable Notice Of Termination

A workers classification as an employee independent contractor, or dependent contractor comes with significant legal implications which affect the rights and obligations of both workers and employers.

CanadaEmployment and HR

A worker's classification as an employee, independent contractor, or dependent contractor comes with significant legal implications, which affect the rights and obligations of both workers and employers. While many businesses are familiar with the categories of employee and independent contractor, some may not be aware of the intermediary: dependent contractors. As dependent contractors are increasingly recognized by the courts, it is important that employers become aware of this status and its legal significance. The recent BC Supreme Court case Cvjetkovich v. Breezemax Web (Ca) Ltd., 2024 BCSC 808, explored the classification of dependent contractors.

Background

In this case, the 44-year-old plaintiff, Mr. Cvjetkovich, was terminated after 13 years working as Senior Vice President of Sales for Breezemax, a digital marketing agency. Breezemax had considered Mr. Cvjetkovich to be an independent contractor, but Mr. Cvjetkovich alleged he was an employee, and

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