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Condo Employees vs. Contractors: Legal Risks Boards Need To Know | #WeSpeakCondo

Updated: 6 days ago

Three speakers on red background with CN Tower icon; banner reads Staff or Contractor? This Can Cost Your Condo #WeSpeakCondo

Episode Description: 

In this episode of #WeSpeakCondo, Nicholas sits down with Deborah Howden and John DeVellis from Shibley Righton to discuss employment law, workplace obligations, and the risks condo boards need to understand when dealing with employees, workers, and service contractors.


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They explain how the Employment Standards Act, Occupational Health and Safety Act, Human Rights Code, Labour Relations Act, WSIB, workplace harassment policies, violence policies, accommodation duties, and employment contracts can all apply in the condominium setting.


This episode also explores the practical differences between hiring direct employees and using third-party service providers, why condo corporations may still have workplace obligations even when staff are contracted, and how boards can expose themselves to liability if they do not properly document, communicate, and manage employee issues.


In this episode, we cover:


  • Key employment laws that apply to condo corporations

  • Employment Standards Act basics

  • Occupational Health and Safety Act obligations

  • Why “worker” and “employee” can mean different things

  • Human Rights Code issues in condominium workplaces

  • WSIB coverage and workplace safety risk

  • Required workplace harassment and violence policies

  • Service contractors versus direct condo employees

  • Why hiring employees may cost less but increase risk

  • Employment contracts and termination clauses

  • Common law notice versus ESA minimums

  • Misclassifying employees as independent contractors

  • Overtime misconceptions for salaried employees

  • Bill 7 and successor employer obligations

  • Unionized staff and collective agreements

  • Workplace accommodation and addiction issues

  • Harassment, discrimination, and violence escalation

  • Superintendents, managers, and employee power dynamics

  • Employees doing private work inside units

  • In-suite access and liability concerns

  • Employee bonuses, gifts, and tax considerations

  • Performance reviews and documentation

  • Why “if it’s not in writing, it didn’t happen” matters


Whether you are a condo board member, property manager, condominium owner, superintendent, concierge provider, cleaner, contractor, or service provider, this episode provides practical legal guidance on the employment-related issues that can affect condominium corporations.


Guests: Deborah Howden and John DeVellis

Firm: Shibley Righton LLP


Subscribe to #WeSpeakCondo for practical conversations about condo governance, condominium law, property management, employment law, building operations, and the issues affecting Ontario condominium communities.


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