Are Contractors Employees?

Are contractors employees? The British Columbia Human Rights Tribunal has recently issued a decision finding that employers will be held to the standards set out in the Human Rights Code even when dealing with persons who have traditionally been held to be independent contractors. In Gordy v. Painters Lodge, the Tribunal found that the definition of “employment” and “employ” for the purposes of the Code is broad enough to encompass any contractual relationship where money is exchanged for work or services. Thus, persons who are not considered employees for the purposes of Income Tax, Workers Compensation and other statutory regimes can nevertheless be considered employees for the purposes of the Human Rights Code. A NewsFlash containing a detailed review of this case is in the publications section (client password required).