Physician at Walmart clinic accused of poaching staff, clients
A physician who resigned from an Ontario clinic, only to have his contract cut short over accusations he tried to poach staff and clients, has lost his bid for termination pay.
In a decision dated Aug.11, 2026, Ontario Labour Relations Board vice-chair Peigi Ross dismissed the physician's application for a review of that finding, ruling that he had been an independent contractor, not an employee, of Jack Nathan Functional Health, a chain of family clinics that operates out of Walmart locations.
The physician had worked at the clinic for about five weeks in 2024 before his contract ended.
The physician joined the clinic on March 25, 2024, under a one-year renewable physician agreement that repeatedly cast him as a contractor rather than an employee. The agreement stated he was "not an employee, agent, partner or joint venture of the clinic for any purpose whatsoever."
He resigned the following May, but the clinic maintained it ended his engagement before his notice period ran out, over allegations he had tried to poach staff and clients. Ross said she made no finding on that allegation.
An employment standards officer had already concluded the physician was not an employee, prompting him to seek a full review before the board under section 116 of the Employment Standards Act. Because that review proceeded as a hearing de novo, Ross was not bound by the officer's earlier...
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