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A proposed class-action lawsuit against a Toronto-based private high school could help clarify the employee/contractor debate, Toronto employment lawyer Stephen Moreau tells the Toronto Star.
If certified, the action could include “anywhere from 100 to 200 teachers per year” who have worked at the school since it opened in 2002, says Moreau, a partner with Cavalluzzo LLP, who is working on the file for the firm.
So far, more than 100 teachers have contacted him, says Moreau.
If successful, the case could help clarify when it is appropriate for employers to hire people as contractors instead of employees, says the Star.
Confidence in the case
“We have a lot of confidence in the strength of the case overall,” says Moreau.
The proposed lawsuit is claiming $20 million, plus an unspecified amount for unpaid overtime, vacation and holiday pay the teachers believe is owed to them because of the misclassification of their employment status, says the article.
They claim the school hired them as “independent contractors” instead of “employees,” leaving them without protection under the Employment Standards Act, including the right to earn minimum wage and overtime pay, says the publication.
