What is the common employer doctrine in common employer cases?

British Columbia, Canada


The following excerpt is from Liebreich v Farmers of North America, 2019 BCSC 1074 (CanLII):

As noted in Downtown Eatery at para. 36, the driving rationale of the common employer doctrine is to prevent “complex corporate structures” from defeating the legitimate entitlements of wrongfully dismissed workers; sophisticated corporate structuring is, of course, permissible but it cannot be permitted to work an injustice by way of turning the seeking of proper legal recourse into an elaborate shell game. See also: Freeman v. PetroFrontier Corporation, 2017 ABQB 340 at paras. 44-46.

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