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.
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.
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.