Reference no: EM132986351

Question - Derek Decoy a Professional Engineer (P. Eng.) is a course facilitator for the British Columbia Provincial Engineering Society BCPES in the Professional Engineering Program (PEP).

Derek's responsibilities include marking weekly assignments, providing weekly feedback to students, leading in-person/virtual weekend workshops, and monitoring an online discussion board. Derek used  on a part-time basis while working as a P. Eng. for Fortis a major engineering firm and worked out of the downtown Vancouver office. Tired of the 2 hour e-bike ride into the city everyday and a lingering knee injury Derek took on more and more work for BCPES and it eventually got to the point where he resigned from Fortis and devoted more time to his duties with BCPES.

The PEP program has four semester each year, each are ten weeks long and Derek enters into separate contracts with BCPES for each project he takes on. Each module has one weekend inperson or virtual session every semester during week 3 of the semester. Each contract contains a clause stating that Derek is an independent contractor and not an employee of BCPES. Facilitator contracts are competitive and future contracts are not guaranteed. Contracts are also contingent on student enrolment, evaluations, and other variables.

For online work, module materials are provided to Derek including marking templates/guides, training documents, and solutions to all course work. The modules run online through BCPES's proprietary D2L learning management system. While there is typically a 48-hour deadline to assess and return weekly feedback to the students, Derek is free to set his own work schedule as long as he meets the 48-hour timeline. Most of the work is done in the mountain view sunroom of his chalet in BC. Derek uses his own computer and he is responsible for the associated costs involved. Projects have flat fees and Derek is not entitled to vacation pay or other benefits. The amount of the payment is a flat fee per student for the semester, if a student drops out, the fee paid to Derek is prorated.

During the in-person weekend sessions (when permitted by the local health authority), BCPES rents conference space at local hotels or conference centers and provides Derek with a projector, WIFI access, chart paper, and markers. Sessions run in different locations all over the province simultaneously, so BCPES strictly controls the content and materials that Derek covers in class in order to ensure uniformity in all the sessions across the province. Derek uses his own car to drive to the sessions and is required to bring his own laptop. Meals are provided for all P. Eng. students by BCPES Derek also gets to eat from the buffet, and he usually gets the front of the line spot.

Derek refers to himself as a "BCPES facilitator and educator" on his resume and LinkedIn page. Communication with students must be through BCPES's D2L online learning management system's email function. Students see Derek's messages coming from an email address.

Required - Analyze the facts and provide a supported conclusion on whether Derek is an independent contractor or an employee of BCPES.