Meeting/Event Information

PDM - Classification of Workers and Use of Strategic Contracts

February 22, 2018
6:30 PM - 8:00 PM

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APICS Chapter Office - Conference Centre
1370 Don Mills Road
Toronto, ON M3B 3N7
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“ If it looks like a duck , swims like a duck , and quacks like a duck , then it probably is a duck.”

The same approach applies to workers. If an individual acts like an employee, is treated like an employee, and is presented to the public as an employee, our courts, tribunals and government agencies will treat them as an employee, even if they entered into an “Independent Contractor Agreement”.

Parties often mistakenly believe that having an “ironclad contract” is sufficient. However, the courts and the Canada Revenue Agency are not bound by such an agreement. Even where the individual uses a numbered company, there is no guarantee that they will not be deemed to be an employee. If the individual has a title, an office, works full time, is provided with a corporate email address and company business cards, and is unable to work for anyone else or delegate the work to others, they are likely to be an employee. While there are many tests, the ultimate question is whether the individual is in business for themselves (a contractor), or a part of the organization (an employee).

Stuart will discuss the risks of misclassification, as well as how they can be addressed strategically.

Speaker Bio: Stuart Rudner, B.A. (Hons): Industrial Relations

One of the things that Stuart loves about his practice is that every client has a story.

It doesn’t matter whether it is an individual seeking advice about their employment, a family-run business, or a multinational corporation. Each one has goals and issues that they need to deal with. And there’s nothing he enjoys more than becoming their Trusted Advisor, educating them, guiding them, and working with them to develop a cost-effective strategy to pursue their goals. When disputes arise, he likes to advocate on their behalf in order to protect their rights.

He is not one of those lawyers that is ideologically married to one side.

While many individuals have their rights trampled on, he has also seen employees take advantage of those same rights to the detriment of their employer. He realizes that there is good and bad in every group, and that is why his firm works with both employers and employees. They are able to see every situation from both sides.

Since he has also been trained in Alternative Dispute Resolution techniques and act as a Mediator in Employment matters, he is able to see things from a third side: that of a neutral third party, working with those involved to achieve a reasonable resolution to their issues.

Stuart’s Awards and Recognitions:

  • 2016, 2017, 2018: Selected for inclusion in ‘The Best Lawyers in Canada’ in the area of Employment Law

  • Repeatedly named in Canadian HR Reporter’s Employment Lawyers Directory (comprehensive directory of top employment law and immigration law practitioners in Canada)

Certification of Maintenance: 1.5 points

Agenda:
6:30 - 6:45 Registration and Networking
6:45 - 8:00 Presentation

Tickets

$20.00 APICS Toronto Chapter Members (+13% HST)

$30.00 Non Members or Guests (+13% HST)