Question: Employment relations

You are hired for the summer to paint houses for CK Inc. As part of your arrangement with CK, you sign a contract that states you are an "independent contractor"-you're agreeing that you operate your own painting business. CK will advertise and bid for the painting jobs, as well as provide the materials, and you will perform the work in exchange for a fixed amount per contract. This arrangement works out for a while but after completing one major job, CK refuses to pay you because it alleges that your work is substandard. You tell CK's manager that you intend to file a complaint with the Ministry of Labour under the Employment Standards Act. She responds, "How are you going to do that when you're not even an employee?" What are your rights in this situation?

a. What arguments could you make to support your claim that you are an employee and therefore able to make a complaint under the Employment Standards Act?

b. What arguments could CK Inc. make that you are an independent contractor?

c. If you were the judge or arbitrator in this case, how would you decide, independent contractor or employee, and why?