Superior Court Rules that Employee was Misclassified as an Independent Contractor and Termination Provision Violated the ESA

News/
13 March 2019
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In Cormier v. 1772887 Ontario Limited, Cavalluzzo lawyers Christopher Perri and Alex St. John recently represented Kelly Cormier in a wrongful dismissal action against a company doing business as St. Joseph Communications. When St. Joseph Communications terminated her employment, Ms. Cormier had worked for the company for nearly 23 years.

On a summary judgment motion, Mr. Perri and Mr. St. John successfully argued: (1) that Ms. Cormier was a dependent contractor; (2) that Ms. Cormier's contractual termination clause was unenforceable because it violated the Employment Standards Act; and (3) that certain deductions from her pay were contrary to s. 13 of the Employment Standards Act. After carefully canvassing the law of reasonable notice at common law, Justice Perell awarded Ms. Cormier twenty-one month's notice.

A link to the decision can be found here.

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