Courts Weigh In On ‘Independent' Contractor Relationships In Construction

Independent contractors, the so-called "sole-proprietors" are a significant part of the construction industry. Work is often transitory in nature and individuals who want to stay busy may work for more than one contractor over the course of a year. Even the Employment Standards Act excludes "construction employees" from many of its minimum protections, including from termination and severance entitlements.

So perhaps construction companies can't be blamed for assuming there was something unique or special about employment in the construction industry.

Although the Ontario Superior Court found in the contractor's favour in Fisher v. Hirtz and Group Five Inc. and ruled that the worker was an independent contractor, it rejected the company's argument that different rules should apply to construction workers.