Canadian HR Reporter, 2019
December
4,
2019
|
Canadian
Employment
Law
Today
who leaves without completing the job may
even be denied part payment for work al-
ready done (see the British Columbia case
of Noakes v. Midence) and may be liable to
the client for the costs of hiring a new con-
tractor to complete the work. A contractor,
not being an employee, has no protection
under the ESA against any withholding of
payment for these reasons.
e obligation of independent contrac
-
tors to provide their clients with notice is
also laid out in the standards of professional
bodies. For example, the Law Society of
Ontario's rules provide that "a lawyer shall
not withdraw from representation of a cli
-
ent except for good cause and on reasonable
notice to the client."
Similarly, the College of Physicians and
Surgeons of Ontario requires its members to
give clear written notification to the patient
and provide "necessary medical services
while the patient seeks a new physician."
e Ontario College of Dentists tells its
members that if they want to stop treating a
patient, the patient should be "notified for
-
mally, preferably in writing" and also told
that the dentist will provide emergency ser-
vice until the patient can find a new dentist.
e best policy is always to behave with
courtesy and consideration, whether a per-
son is in the position of an employee or an
independent contractor. at will serve to
enhance a reputation and provide access
to continuing employment in the future.
ere is no legal obligation for a departing
employee to give any specific length of no
-
tice. However, in a situation where a person
plays a key role, quitting without complet-
ing her commitments (whether formal or
implied) could create liability for damages
for breach of contract. In the case of em-
ployees, the protection of the ESA prohibits
employers from retaliating by withholding
the final paycheque of someone who quits
without notice.
For more information see:
• Rainbow Concrete Industries Limited v. Ka-
van Cheff-Burns, 2016 CanLII 14142 (Ont.
Lab. Rel. Bd.).
• Elemental Data Collection Inc. v. Promesse
Bama, 2019 CanLII 68046 (Ont. Lab. Rel.
Bd.).
• GasTOPS Ltd. v. Forsyth, 2012 ONCA 134
(Ont. C.A.).
• Noakes v. Midence, 2001 BCSC 1368 (B.C.
S.C.).
CREDIT: YP_STUDIO SHUTTERSTOCK
ABOUT THE AUTHOR
Peter Spiro
Peter Spiro is an employment lawyer with Monkhouse
Law in Toronto, specializing in class actions.
He can be reached at (416) 907-9249 or
peter.spiro@monkhouselaw.com.
