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ARTICLE · 05 MARCH 2020

Foodora Workers Found To Be "Dependent Contractors" In Labour Board Decision

Borden Ladner Gervais LLP
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In the Ontario Labour Relations Board's (the Board) first decision with respect to workers in the "gig economy", Foodora's couriers have been found to be "dependent contractors" ...

CanadaEmployment and HR
Clifford Hart
Clifford Hart
Noah Burshtein
Noah Burshtein
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In the Ontario Labour Relations Board's (the Board) first decision with respect to workers in  the "gig economy", Foodora's couriers have been found to be "dependent contractors" within the definition of Ontario's Labour Relations Act (the Act), and thus have the right to unionize under the Act.

In the long-awaited decision that will impact Ontario's approach to ride-sharing services, food delivery apps and other "gig" platforms, the Board underwent a lengthy point-by-point analysis before finding that Foodoracouriers are "dependent contractors" that "must be treated as such under the Act." The full decision can be viewed here. 

Background

In August 2019, couriers working for Foodora Inc. (Foodora), an app-based food delivery company, voted on whether to join the Canadian Union of Postal Workers (CUPW), with the Board electing to seal the ballot box pending clarification of the couriers' status.

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