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

by David Doorey November 26, 2020
written by David Doorey November 26, 2020

In February 2020, the Ontario Labour Relations Board issued an important decision finding that gig workers engaged by the food delivery company Foodora are “dependent contractors” and therefore “employees” under the Labour Relations Act.

Last week, Professor David Doorey interviewed Ryan White from the law firm Cavalluzzo, who successfully argued the case on behalf of the Canadian Union of Postal Workers. The interview was for a session in Prof Doorey’s course, “Contemporary Issues in Labour Law”, in the Osgoode Hall Law School specialist LLM program in Labour and Employment Law.

The discussion spans a range of topics relating to the preparation and legal strategy in the case, the challenges the union faced in organizing gig workers and meeting the Wagner Model tests for majority status when it is so difficult to locate workers and estimate the number of employees in the bargaining unit, the OLRB’s decision and how it relates to earlier “dependent contractor” decisions, the fall out from the Foodora decision to close after the union won the vote, and the challenges unions representing gig workers will encounter in bargaining and servicing gig worker bargaining units.

Here is the video:

For more on the Foodora decision, see these previous posts on Canadian Law of Work Forum:

R. White & A. Philpott, “How the Ontario Labour Board Ruled Foodora Workers are ‘Employees’ and Not Independent Contractors”, Canadian Law of Work Forum (March 5 2020)

David Doorey, “Thoughts on the Foodora Fiasco: Have Labour Laws Been Violated?” Canadian Law of Work Forum (April 28 2020)

Josh Mandryk, “Foodora Canada Saga Highlights the Failure of Canada’s Workplace Protection Regimes”, Canadian Law of Work Forum (May 1 2020)

David Doorey, “CUPW Alleges that #Foodora Acted Unlawfully by Pulling Out of Canada. Here’s the Complaint” Canadian Law of Work Forum (May 12 2020)

Bethany Hastie, “What CUPW v Foodora Reveals for the Future Litigation in Uber v Heller” Canadian Law of Work Forum (July 6 2020)

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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RSandillRicha Sandill@RSandill·
10h

@SCLSclinic and I were so fortunate to represent this client last year. I am thrilled that this decision brings more clarity for family status accommodations rights amidst a pandemic that has tested parents, caregivers, and families like never before. https://twitter.com/CanLawWorkForum/status/1364605259071561730

CLWF@CanLawWorkForum

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364627677785821185Retweet on Twitter 13646276777858211851Like on Twitter 13646276777858211853Twitter 1364627677785821185
Retweet on TwitterCLWF Retweeted
TheLawofWorkDavid J. Doorey@TheLawofWork·
10h

Here's my latest in @jacobinmag.

If Ontario's labor laws applied in Alabama, the Amazon vote would have been held months ago so workers could get back to their jobs. Instead, the NLRA permits Amazon to conduct a months' long onslaught of anti-union propaganda. https://twitter.com/jacobinmag/status/1364613560425275392

Jacobin@jacobinmag

Amazon workers in Alabama are voting on whether to unionize, but the company is bombarding them with anti-union propaganda. In Canada, by contrast, votes are held quickly, making it harder for companies to stack the deck — a model that can work in the US. http://jacobinmag.com/2021/02/amazon-alabama-canada-labor-law-union-vote

Reply on Twitter 1364623976174092316Retweet on Twitter 13646239761740923168Like on Twitter 136462397617409231613Twitter 1364623976174092316
CanLawWorkForumCLWF@CanLawWorkForum·
12h

New from @RSandill (counsel for applicant), discussing important new "family status" discrimination decision from OHRT:

"Kovintharajah v. Paragon Linen & Laundry: When Failure to Accommodate Child Care Needs is “Family Status” Discrimination"

https://lawofwork.ca/13360-2/

Reply on Twitter 1364605259071561730Retweet on Twitter 13646052590715617304Like on Twitter 13646052590715617304Twitter 1364605259071561730
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