ESA’s Shortcomings: Navigating the Gap in Employee Rights and Independent Contractor Inclusion

In Ocean Nutrition, the SCC reiterated that “a person’s employment is an essential component of his or her sense of identity, self-worth and emotional well-being”. The employment relationship displays a marked disparity in bargaining power; consequently, employees are vulnerable to unfair treatment by employers (Wallace). Labour is not a commodity, so special regulations and protection are needed. ESA plays a crucial role as the minimum safeguard for employees in Ontario, such as the minimum wage (Part IX) and notice of reasonable period (Part XV). Despite being the “floor” of employee protection, many ESA provisions fail to offer sufficient safeguards for their working arrangements.