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“Homes that Care” (“Homes”) operated foster homes and grouphomes for children with behavioural problems. To carry out itsservices, Homes hired a number of childcare workers including MarieChen. Prior to starting work with Homes, Chen signed a contractspecifying that she was working as an independent contractor. Shereported her income from the contract for income tax purposes asincome earned as an independent contractor, but she failed to remitlast year’s income taxes. Her guaranteed hours of work were 20hours per week but she could work as many as she wanted and sheoften worked 50 hours per week, without overtime. The staffturnover rate was very high and the average age was 23. Chen wasterminated without cause and with no notice as per her contract.Chen wants to know what she can do.

Homes drafted the contract and dictated virtually every aspectof the how the work was performed through policies and proceduresissued by the company Manual, based on the requirements of theprovincial legislation relating to child and family services. Chencould adjust her pay through accepting or refusing hours of workand schedules, however Homes scheduled the actual hours of work.She was required to have her own cell phone and have access to acomputer. She was also expected to use her own motor vehicle toaccess the sites where her work was performed and to occasionallytransport some of the children.

Settlement is not going well and Chen calls Canada RevenueAgency (CRA) to report the company. On what basis might Chen reportHomes? How would this help Chen? Why did Home’s favour this workarrangement?

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