Long-time contractor ruled an employee

14 years of service, close employment relationship entitles worker to notice: Court
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 11/02/2009

A British Columbia company can’t get out of paying reasonable notice to a long-time worker just because he contracted his services through his own incorporated company, the British Columbia Supreme Court has ruled.

Sydney Smith, 53, was a part-time home insulation sales representative and had an unincorporated contracting company on the side when he became friends with another insulator installer in the early 1980s. The installer eventually formed his own siding company called Centra Siding and Smith began selling vinyl siding for Centra after hours.