Highlights of Noteworthy Decisions

Decision 788 08
27/12/2013
R. Nairn - B. Young - K. Hoskin
  • Worker (test)
  • Independent operator (sales) (door-to-door marketing)

The employer was in the business of marketing natural gas and electricity to customers. The employer appealed a decision of the Appeals Resolution Officer finding that five agents who solicited applications from customers, were workers of the employer rather than independent operators.

At the time, the employer did not have its own internal sales force. It entered into agreements with other companies, who provided the door-to-door sales force. The employer had no involvement in the hiring of the sales agents. The employer did not direct where or when the agents conducted their canvassing. Other than paying commission, the employer did not pay any of the expenses of the agents. The agents signed an independent contractor agreement.
The Panel concluded that the agents were not workers of the employer. The appeal was allowed.