Questions
Moseley-Williams worked full time as a salesperson for a forklift supplier called Hansler. He was expected to work only for Hansler.
He was assigned a jurisdiction in which to sell Hansler products and was required to meet certain requirements set down by Hansler while working.
However, he performed his work mostly on his own within those parameters and was often outside of the office meeting and finding new customers.
He used few tools beyond a car and a phone. Moseley-Williams owned his own car, but Hansler paid him a monthly car allowance and paid for a business cellphone.
Moseley-Williams received a commission, the rate of which was set out in a contract between him and Hansler, and he had not invested his money in Hansler.
No statutory deductions were made from Moseley-Williams’s pay, and his contract described him as an independent contractor .
Was Moseley-Williams an employee or an independent contractor?
Read the case “Moseley-Williams v. Hansler Industries Ltd., 2008 CanLII 57457 (Ont. Sup Ct J) to support your answer (URL below).
Discuss what statute and/or precedent the court used to make its decision. (https://www.canlii.org/en/on/onsc/doc/2008/2008canlii57457/2008canlii57457.html?searchUrlHash=AAAAAQA-TW9zZWxleS1XaWxsaWFtcyB2LiBIYW5zbGVyIEluZHVzdHJpZXMgTHRkLiwgMjAwOCBDYW5MSUkgNTc0NTcAAAAAAQ&resultIndex=1)
Explain the significance of offer, acceptance, and mutual consideration in employment law. Discuss what might make an employment contract unenforceable.