As a media student, I’m told that unpaid internships are the norm. But are they legal?

What are unpaid interns? Unpaid interns, as the name suggests, are workers who carry out their work for free. As the Employment Standards Act (ESA), will often necessitate that employers pay their employees at least a minimum wage, unpaid internships are unlawful; unless the worker is either not an employee or an employee that is Read More …

I’m being harassed at work and somebody has mentioned “Constructive Dismissal”. What is that, and how does it work?

A constructive dismissal is when an employee is entitled to resign as a result of their employer creating a hostile work environment. This may occur when an employer breaches the implied term of their contract that requires them to treat their employees with decency, civility, respect and dignity. The Court is most likely to find Read More …

How would a court decide whether I’m an employee or an independent contractor?

To determine whether someone is an employee or an independent contractor, there are several tests and factors considered. First, there is the ‘four-fold’ test: Control Ownership of the tools Chance of profit Risk of loss Second, there is the business integration test, which looks at whether the work done is an integral part of the Read More …

The Essential Difference between Employees and Contractors

Labour and employment law are different. Labour law deals with those who are in unions. Employment Definition  The Employment Standards Act, which outlines the minimum rights and obligations of employers and employees in Ontario, defines an ‘employee’ as: “employee” includes, (a) a person, including an officer of a corporation, who performs work for an employer Read More …