CHAUDHRI: Calling someone a 'contractor' doesn’t make it so
Misclassifying a worker may save a dollar today, but it could cost much more tomorrow
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With minimum wages creeping up, many Canadian employers turn to “independent contractors” to manage fluctuating work demands.
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But a recent Alberta tribunal decision serves as a stark reminder: how you label a worker is far less important than the true nature of the relationship.
In ARH Developments Inc. v Elrateb, an Alberta Employment Standards Appeal panel confronted this issue head-on.
Mohammed Abdulb Elrateb worked as a security guard for ARH Developments for one month in the fall of 2024. The parties verbally agreed that he would be paid a flat fee of $3,000 per month. An hourly wage was never agreed to.
When Eltrateb asked for payment after a month, ARH refused.
Eltrateb filed a labour complaint claiming he was owed wages, overtime and vacation pay. At the tribunal, he........
