What is the test for an employee to be considered an employee of a spa?

British Columbia, Canada

The following excerpt is from Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (CanLII):

I find that this case is more analogous to the situation in Bern v. Amec E & C Services Ltd., 2007 BCSC 856. In that case, Mr. Justice Bauman (as he then was) held that the contractual relationship between the parties did not crystallize until the plaintiff had reviewed all the terms of the written contract. He emphasized that the plaintiff did “not begin performing his duties of employment” until after the written contract had been signed. Here, I find that the plaintiff’s first day was an orientation day, in which she toured the spa facilities, was advised on general procedures and policies, and reviewed the contract of employment. There is no evidence that she provided any skincare services prior to signing the agreement. I am not satisfied that she could be said to have commenced her duties as an employee prior to signing the contract.

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