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ARTICLE · 09 MARCH 2020

Food Delivery Drivers Open To Unionization – Expanding Labour Relations To E-Commerce

On February 25, 2020, the Ontario Labour Relations Board (the "Labour Board") delivered a crucial decision regarding Foodora, an online food delivery service

CanadaEmployment and HR

On February 25, 2020, the Ontario Labour Relations Board (the “Labour Board”) delivered a crucial decision regarding Foodora, an online food delivery service that had contracted with independent bike couriers to deliver restaurant food to patrons. Foodora is one of the many “app” delivery service companies of the modern urban “gig-economy.”

The Labour Board determined that Foodora’s independent bike couriers were “dependent contractors” as defined under the Labour Relations Act, 1995, meaning that they could be considered to be a group that could be organized by a union and entitled to collective bargaining and collective agreement protections from Foodora, even though the couriers were not employed under a contract of employment or exclusive to Foodora.

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