Is a shift lease operator an independent operator and not an employee?

British Columbia, Canada


The following excerpt is from WCAT-2011-01236 (Re), 2011 CanLII 50892 (BC WCAT):

Appeal Division Decision #92-1416, “Shift Lease Operator (No. 1),” 9 W.C.R. 595, Armstrong v. Brar, concluded that a taxicab shift lease operator was an independent operator and not an employee, even though he was subject to a “fairly long list of rules and regulations” by the taxi company. In that case, the shift lease operator made the decisions about the hours he worked, the fares he took, the days he took off, and where to buy his fuel.

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