The interim report includes options that would allow for changing the current legal standard for determination of common employers. This represents a fundamental disruption to the current relationship between employees and employers. It would create uncertainty in an area of law which is currently clear. For business owners, both large and small, these measures may result in changes to contractual agreements without any consent of the contractual partners. Franchisors and franchisees are particularly vulnerable to this risk.
Recommendation 1: Rather than engage in legislative reform in this area, the Government should focus its efforts on compliance and enforcement of the current provisions of the ESA.