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Professor David Doorey
Osgoode Hall LLM
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Home
About
Professor David Doorey
Osgoode Hall LLM
Books
Guest Contributors
Useful Links
- Archive

Category:

Fissured Work

Artificial Intelligence Comparative Work Law Employee Classification Employment Regulation Europe Fissured Work Gig Work technology
The New European Platform Work Directive Through a Canadian Lens

by David Doorey December 9, 2021

by David Doorey December 9, 2021

Written by David Doorey, York University There’s much excitement today in Europe surrounding the fact that…

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Collective Bargaining Comparative Work Law Fissured Work Freedom of Association Interest Arbitration International Law Strikes and Lockouts Unions and Collective Bargaining United States
How New Zealand’s New Sectoral Collective Bargaining Model Would Work in Canada

by David Doorey May 11, 2021

by David Doorey May 11, 2021

Written by David Doorey, York University New Zealand’s government is in the news for more than…

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Comparative Work Law Employee Classification Employment Insurance Employment Regulation Fissured Work Gig Work Minimum Wage OLRB Ontario Unions and Collective Bargaining
“Autonomous Worker” Regulation

by David Doorey December 1, 2020

by David Doorey December 1, 2020

Written by David Doorey, York University In his Report Fairness at Work: Federal Labour Standards for…

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Employee Classification Fissured Work Gig Work OLRB Ontario Unions and Collective Bargaining Videos
Video: Prof. David Doorey and Lawyer Ryan White Discuss Decision Finding Foodora Gig Workers are “Employees”

by David Doorey November 26, 2020

by David Doorey November 26, 2020

In February 2020, the Ontario Labour Relations Board issued an important decision finding that gig workers…

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Common Law of Employment Comparative Work Law Employee Classification Employment Regulation Fissured Work Gig Work Supreme Court of Canada United States
Dispatches from Canada on the Big California Uber Decision

by David Doorey October 23, 2020

by David Doorey October 23, 2020

Written by David Doorey, York University Yesterday, the California Court of Appeal upheld an injunction against…

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David J. DooreyFollow

Law Prof. Talking #labor & #employment law to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey @TheLawofWork·

8h

Can your employer lawfully withhold wages for such a reason? That would be a violation of labor standards legislation across the river in Ontario.

Sanjukta Paul@sanjuktampaul

Just learned my employer is mandating the *flu* vaccine, and (evidently?) threatening to withhold payroll if you don't get it. This, of all things, makes zero sense.

Reply on Twitter 1481101780226383873 Retweet on Twitter 1481101780226383873 Like on Twitter 1481101780226383873 Twitter 1481101780226383873

David J. Doorey @TheLawofWork·

11h

The 1970s is even before my time. I was listening to Supertramp, Meatloaf and Van Halen while roller skating around town with my feathered hair. Those were the days.

ryan white@ryandwhite12

@Clmumme @TheLawofWork @WrightHenryLLP @JMandryk @GPLLP Which is why I liked the way the OLRB applied the fourfold test in the 70s. A number of cases held that all 4 parts of tests were required for finding of IC and that seemed pretty robust.

Reply on Twitter 1481065461194403841 Retweet on Twitter 1481065461194403841 Like on Twitter 14810654611944038412 Twitter 1481065461194403841

David J. Doorey @TheLawofWork·

11h

You might be right that ABC Test is broader

I think real benefit of the ABC test in Canadian context would be it’s a clearer, more transparent statement of the rule. Thus it would cut down on unnecessary classification litigation & be consistent with expansive scope of coverage.

ryan white@ryandwhite12

@Clmumme @TheLawofWork @WrightHenryLLP @JMandryk @GPLLP Though, the OLRB test may still work but for influence of Craftwood Construction -- which held that you can't be dependent on an industry. So maybe issue isn't with a test, but rather with that one case being re-applied.

Reply on Twitter 1481064470717870080 Retweet on Twitter 1481064470717870080 Like on Twitter 14810644707178700801 Twitter 1481064470717870080

Subscribe via Email

Enter your email address to subscribe and receive notifications of new posts by email.

Join 299 other subscribers

Email Address

Follow Us On Social Media

Twitter

Latest Tweets

David J. DooreyFollow

Law Prof. Talking #labor & #employment law to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

David J. Doorey @TheLawofWork·

8h

Can your employer lawfully withhold wages for such a reason? That would be a violation of labor standards legislation across the river in Ontario.

Sanjukta Paul@sanjuktampaul

Just learned my employer is mandating the *flu* vaccine, and (evidently?) threatening to withhold payroll if you don't get it. This, of all things, makes zero sense.

Reply on Twitter 1481101780226383873 Retweet on Twitter 1481101780226383873 Like on Twitter 1481101780226383873 Twitter 1481101780226383873

David J. Doorey @TheLawofWork·

11h

The 1970s is even before my time. I was listening to Supertramp, Meatloaf and Van Halen while roller skating around town with my feathered hair. Those were the days.

ryan white@ryandwhite12

@Clmumme @TheLawofWork @WrightHenryLLP @JMandryk @GPLLP Which is why I liked the way the OLRB applied the fourfold test in the 70s. A number of cases held that all 4 parts of tests were required for finding of IC and that seemed pretty robust.

Reply on Twitter 1481065461194403841 Retweet on Twitter 1481065461194403841 Like on Twitter 14810654611944038412 Twitter 1481065461194403841

David J. Doorey @TheLawofWork·

11h

You might be right that ABC Test is broader

I think real benefit of the ABC test in Canadian context would be it’s a clearer, more transparent statement of the rule. Thus it would cut down on unnecessary classification litigation & be consistent with expansive scope of coverage.

ryan white@ryandwhite12

@Clmumme @TheLawofWork @WrightHenryLLP @JMandryk @GPLLP Though, the OLRB test may still work but for influence of Craftwood Construction -- which held that you can't be dependent on an industry. So maybe issue isn't with a test, but rather with that one case being re-applied.

Reply on Twitter 1481064470717870080 Retweet on Twitter 1481064470717870080 Like on Twitter 14810644707178700801 Twitter 1481064470717870080

Fissured Work

The New European Platform Work Directive Through a Canadian Lens

How New Zealand’s New Sectoral Collective Bargaining Model Would Work in Canada

“Autonomous Worker” Regulation

Video: Prof. David Doorey and Lawyer Ryan White Discuss Decision Finding Foodora Gig Workers are “Employees”

Dispatches from Canada on the Big California Uber Decision