Skip The Dishes courier takes company to court, argues drivers deserve benefits, vacation pay - what does skip the dishes charge restaurants

EDMONTON—
Do you have a holiday salary for your deliveryman?
What is good for your journeyshare driver?
Greater rights of workers in society
As a skip delivery driver in Winnipeg takes the battle to court, the so-called gig economy will soon be dragged into the spotlight.
On July 25, the Winnipeg court filed a lawsuit on behalf of Charleen Pokornik, who has served as a delivery driver for popular food delivery services since 2016, skipping Winnipeg's dishes.
"The main question is whether the courier is an independent contractor or employee," said Evan Edwards, one of the lawyers representing Pokornik.
"Our position is that couriers are employees who fled food and they should be entitled to the benefits of employment standards legislation.
"This question touched so-
Known as the gig economy, more and more people sign up to use the app to drive around, ship food and do odd jobsbased services.
As workers put more time into these jobs, people like Pokornik think they should be compensated as much as they traditionally do --
Employment peers.
Statement of claim against Skip The Dishes restaurant service—
Business in Manitoba, SA, BC, Nova Scotia, Alberta, Ontario, Newfoundland and Labrador and Prince Edward Island
In his view, due to their improper classification as independent contractors, couriers like Pokornik were cheated out of overtime pay, holiday pay and minimum wage. “Ms.
"Pokornik's position is that she is an employee who skips a plate and should be entitled to the benefits of employment standards legislation," Edwards said . ".
"For all provinces in Canada that have the form of employment standards law, this legislation will be very similar, if not completely similar.
Edwards said he had not heard any response from any representative who skipped the dishes to the claim statement.
A spokesman for skipping the dishes said in a written statement, "The matter has been referred to the court and we look forward to responding through appropriate channels," declined to comment further.
Despite the recent boom in the food market --
In Canada, complaints from various courier companies about low wages and unfair working conditions are not new.
In Vancouver, with less demand for paper delivery, bicycle delivery companies are forced to reinvent themselves as food --
Four delivery drivers
Erin Carolan, the annual courier, said the balance of payments was difficult under current conditions.
"Food delivery is a bit unstable.
"Without an hourly guarantee, you have to want you to get a lot of travel or get good advice from it, so it's a bit unpredictable," Carolan said in an interview on June.
In Toronto, cyclists have been organizing trade unions.
Eric Adams, associate professor of law at the University of Alberta, said, "the gig economy is bound to change some of the legal concepts previously applied to distinguishing between employees and independent contractors.
While he said that the definition of employees in labor legislation was vague, the difference between employees and independent contractors came down to two main factors: the worker's independence and the degree of control of the worker by the employing entity.
"How independent is the worker?
How much profit and loss risk did they take?
Do they have the independence of subcontracting, or do they have the independence to work for multiple employers? ” asked Adams.
In the statement of claim, Pokornik's counsel lists a specific list of factors that relate to her work and they believe that skipping them would make her an employee, instead of independently including the management of her work-
Such as price, compensation, and deciding which customers will be served and when
Controlled by the company, it is forbidden for workers to compete with the company, and delivery personnel are not allowed to subcontract or hire other drivers independently.
Employment standards are in place, Adams said, recognizing the power imbalance of employers
Employee relations
Given that the pain of an employee's loss of employment is far more than the pain of a typical employer's loss of an employee --
Their rights need to be protected.
"They need legal protection to make sure their working conditions are safe," said Adams. "They have enough wages and they can get the legal minimum wage, we ask them to have a career of dignity. ".
He added that the boycott of companies whose business models depend on emerging jobs --
The economy of temporary workers should be a warning that these workers need someone to protect them.
"The entity itself does not want employees who will continue to drive the development of these independent contractors.
"They don't want to accept the responsibility or the extra burden of employment that these employment relationships bring, so they will continue to resist," Adams said . ".
"It may in itself indicate that these people may need protection from the law.
"In the absence of a set dollar number, the lawsuit attempts to skip the dishes and compensate employees for the salary they are entitled to if classified as employees, any Canadian pension plan or employment insurance contributions payable are classified as any tax liability worker incurred by the contractor, court fees and any punitive damages deemed appropriate by the judge.
Skip the dishes restaurant service
A response must be submitted within 20 days.
StarMetro ververclaire Theobald owns Jenny Peng's file, which is from Edmonton-
Journalists covering crime and the court.