SCENARIO 1

Icarus, a house painting company, had 40 workers but only 3 "employees" (the owner and his two brothers). The other 37 workers voluntarily agreed to be "independent contractors" in the contracts each one signed before starting to work for Icarus. These workers were paid by the project, not an hourly wage. Icarus found the customers, assigned workers to projects and provided all the materials for the painting projects.Icarus refused to pay six workers after one project was completed on the basis that their work was unsatisfactory. The workers filed claims for unpaid wages with the Ministry of Labour. Icarus responded that since the workers were not "employees," they could not file claims for unpaid wages under the Employment Standards Act,2000.

1.Can an employer withhold wages for poor workmanship from an employee under this statute? Explain.

2.Is it possible for the Ministry of Labour to decide that these workers are employees, even if they have signed contracts stating otherwise? Explain .

2.In your opinion, were the unpaid workers "employees" or "independent contractors"? Explain the relevant common law principle.

3.List the arguments in favour of both possible answers:

a.In favour of the independent contractor/principal relationship.

b.In favour of the employee/employer relationship.

SCENARIO 2

Your company offices are on the ground floor, but your operations and storage areas cover three levels, with two full sets of stairs. You have interviewed 4 candidates for an inventory clerk job and Ema is the best qualified candidate with excellent references. She mentions that she cannot climb more than three or four steps because of a long-term knee condition. The job description does not require climbing stairs. Most of the work can be done in the office, however, previous inventory clerks visited the other floors regularly to monitor supplies. You are making the hiring decision.

1. Name the statute and the relevant law you should consider before making the decision.

2. Assuming that climbing stairs is not an essential job function, is her knee condition a relevant factor in hiring? Explain.

3. Assuming that checking inventory on all three floors of the building is an essential job function, what is your legal obligation to Ema, the best qualified candidate, according to the statute? Explain.

4. What are possible consequences to your business if she decides to complain to the relevant tribunal?