In Canadian Union of Postal Workers v Foodora
Inc., released on February 25, 2020, the Ontario Labour
Relations Board (the “Board”) held that Foodora
couriers can unionize under the Labour Relations Act, 1995
(“Act”) on the basis that they are “dependent
contractors”, a category of workers falling in between the
traditional categories of employee and independent contractor. In
this highly anticipated decision, the Board stepped into the modern
era and offered clarity on the status of individuals working in the
“gig economy”.
The Board’s decision followed a certification application
filed by the Canadian Union of Postal Workers (the
“Union”) to become the exclusive bargaining agent for a
group of Foodora couriers working in Toronto and Mississauga.