The appellant Dylan Homes is licensed by the province of Ontarioto operate foster homes and group homes
Question:
The appellant Dylan Homes is licensed by the province of Ontarioto operate foster homes and group homes through which it providescare for children who have serious behavioural and developmentdisorders. These services are delivered by numerous individualsretained by Dylan Homes, including child and youth workers, socialworkers, certified therapists and psychologists including Ms.Rogers. Ms. Rogers provided services in the foster homes as an areasupervisor as well as a child and youth worker. When she beganworking with Dylan Homes, she signed a contract dated July 7, 2008.The contract specified that she would be working as a child careworker and acting as an independent contractor remunerated on thebasis of an hourly rate of $14 paid upon submission of invoices.She was also paid a flat rate of $150 for overnight relief servicesand $300 for weekend relief services. Certain transportationpayments were also provided under the contract. The contract wasfor an indeterminate period of time, but could be terminated by Ms.Rogers upon a 14 day notice and by Dylan Homes at any time “forcause”. The contract also stipulated that, as an independentcontractor, Ms. Rogers “shall not be entitled to any benefits andshall be responsible for payment of all necessary remittances,including Canada Pension Plan, Employment Insurance and Provincialand Federal Taxes”. It also stipulated that “nothing in thisagreement shall be construed so as to restrict in any way thefreedom of the Independent Contractor(s) to conduct any otherbusiness or activity for his/her individual profit.” Ms. Rogersalso acted as an area supervisor for Dylan Homes. Her remunerationas supervisor was based on a per diem rate for each child residentwithin a home under her supervision. Payment was effected uponpresentation of monthly invoices. She was deemed by Dylan Homes tobe an independent contractor when acting as a supervisor. 1) WouldMs. Rogers be successful in claiming wrongful dismissal if she wasterminated without notice and without cause? (6 marks) 2) Would Ms.Rogers be entitled to operate another group home that competed withDylan Homes for funding (ensure your positions are consistent inboth questions)? (6 marks) For both questions, ensure you take aposition, consider counter arguments and defend your position.Please limit your response to a maximum of 500 words
Modern Advanced Accounting in Canada
ISBN: 978-1259087554
7th edition
Authors: Hilton Murray, Herauf Darrell