OLRB: Foodora Workers are Dependent Contractors Who Have the Right to Unionize
The recent decision of the Ontario Labour Relations Board (“OLRB”) in Canadian Union of Postal Workers v Foodora Inc. 2020 CanLII 16750 is a landmark decision for employers and workers in what has come to be known as the “gig economy.” In the Foodora decision, the OLRB determined that fast food couriers working for Foodora are “dependent contractors”, and therefore have the right to unionize. The Foodora case illustrates some of the risks of classifying a worker as an independent contractor, when they are more akin to an employee.
Ontario Government Extends Limitation Periods for Actions and Claims
On March 20, 2020, the Government of Ontario issued an order under s. 7.1 of the Emergency Management and Civil Protection Act (“EMCPA”) to suspend all limitation periods under the Limitations Act 2002. Initially, the order mandated that the 90-day period between March 16, 2020 and June 14, 2020 would halt any time running against the two-year limitation period to file an action. On June 6, 2020, this order was extended by an additional 90-day period to September 11, 2020.
Developing a COVID-19 Working from Home Policy
As the COVID-19 situation continues to develop, some employers are allowing their employees to move to remote workspaces. When drafting a WFH policy, employers should take into consideration the variables that may affect the business’s day-to-day operation and their obligations to their employees.
Accommodation, Addiction, And Workplace Misconduct
When considering what discipline is appropriate for workplace misconduct, an employer must examine a variety of factors such as the workplace policy.
Welcome to Our New Students
O’Neill Associates is proud to support students from the Bora Laskin Faculty of Law (Lakehead University, Thunder Bay) through the school’s unique Integrated Practice Curriculum (IPC) Program. The IPC, a Bora Laskin variation of the “articling” program students complete at most other law schools, matches students with law firms to work side-by-side with experienced lawyers […]
Progressive Discipline for Misconduct and Inadequate Performance
The concept of progressive discipline is principally recognized and applied in a unionized work environment. While it may apply in some non-union settings, its application will be determined by existing employment contracts and the law of constructive dismissal.
COVID-19 and the Right to Refuse Unsafe Work
This article applies to employees in the province of Ontario who work for provincially regulated employers and are subject to the Ontario Occupational Health and Safety Act. Different rules apply for those who are federally regulated.
Congratulations Erin
O’Neill Associates congratulates our latest addition to the OA team, Erin Hansen, graduating from the Bora Laskin Faculty of Law with First Class Standing. Because of the pandemic, her graduation was held by Zoom but she was fortunate to spend the weekend celebrating with family and friends who surprised her with a big parade, […]
Merry Christmas Everyone
The law firm of O’Neill Associates will be closed from 5 p.m. on Monday, December 23, 2019, to 9 a.m. on Thursday, January 2, 2020, to spend time with our loved ones during the Holiday Season. ♫ Snow is fallin’ all around me Children playin’ having fun It’s the season Love and understanding Merry Christmas […]
Update on Annual Persons Day Breakfast
The annual Thunder Bay Persons Day breakfast held October 30, 2019 at the Finlandia Club was once again a success. This event is a fundraiser, with proceeds going to the Women’s Legal Education and Action Fund (LEAF) National, and its local in Thunder Bay. The breakfast commemorates the anniversary of the 1929 Persons Case- a […]