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In the Ontario Labour Relations Board (the “Boardâ€) decision Procom Consultants Group Ltd. v Kirti Shringi, the Board found that temporary help agency Procom Consultants Group (“Procomâ€) was the employer of a worker it submitted as an independent contractor. Through this decision, the Board again affirmed that the determination of whether a worker is an employee or independent contractor is based on a substantive assessment of the totality of the working relationship, not the labels assigned by the parties.
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