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Courts have found that independent contractors with a series of renewed contracts are actually employees by nature and thus entitled to reasonable common law notice (3-5 weeks per year of service) upon termination.
Likewise, in cases involving fixed-term contract employees with renewed contracts, entitlement to reasonable common law notice is also awarded in certain cases.
See our article on fixed-term contract employees, which covers how cases such as Ceccol v. Ontario Gymnastic Federation, 2001 CanLII 8589 (ON CA), Thompson v. Cardel Homes Limited Partnership, 2014 ABCA 242 and Flynn v. Shorcan Brokers Ltd., 2006 3462 (ON CA) have expanded contract employees’ severance entitlements.
Considering these factors, it is important that, regardless of your employment categorization, you obtain independent legal advice regarding the termination of your employment, especially wherein you have been given an inadequate or non-existent severance offer.
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