The Ontario Labour Relations Board (the "Board") has issued a landmark decision which clears the path for Foodora couriers to unionize. The decision represents the first substantial application of decades of Board jurisprudence to the 'Gig Economy'. Lessons may be drawn from the decision for all businesses - app-based and brick-and-mortar.
On Feburary 28, 2020, Jeremy Schwartz and Ryan Conlin discussed:
- Who has the right to unionize under the law?
- Development of the intermediate category of "dependent contractor" and how the Board has treated earlier cases
- The Foodora decision and why it came down to many traditional factors with an app-based-twist
- Impact of employment status findings in other human resources law areas, such as workers' compensation, employment standards and even immigration, in Ontario and in other jurisdictions
- Practical advice for all businesses with "independent contractor" models
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