Saskatchewan court case reveals when titles don't match workplace reality
The Court of Appeal for Saskatchewan recently dealt with a case examining whether a long-term worker's relationship with an organisation constituted employment or independent contracting. This distinction would determine the worker's entitlement to reasonable notice upon termination.
The worker argued that despite invoicing the organisation monthly and lacking a signed contract for her most recent position, the 16.5-year relationship had evolved into employment. She maintained that the organisation's termination options were inadequate for someone with her tenure.
The organisation argued their relationship was governed by contracts labelled as "Independent Contract," citing that the worker filed taxes as an independent contractor and provided her own work equipment. The case would determine what notice obligations arise in such situations.
The worker began as a part-time administrative assistant earning $10.50 per hour with the Saskatoon Minor Basketball Association (SMBA) and eventually reached the position of executive director with an annual salary of $48,480. Throughout this period, she worked exclusively from home and solely for the SMBA.
The working arrangement included the worker invoicing the SMBA monthly. According to the SMBA, she filed taxes as an independent contractor and remitted Goods and Services Tax. No signed contract for her most recent position...
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