Former Skip the Dishes driver launches class action lawsuit over employee rights

Class action launched against Skip the Dishes Sarah Plowman reports on allegations the food delivery company has mislabelled its couriers, depriving them of rights as employees.

A Winnipeg woman is at the centre of a class action lawsuit alleging drivers for Skip the Dishes are being mislabelled and are entitled to employment standards not being applied to them.

“The basic question is, and the issue is – are the drivers employees or independent contractors,” said Paul Edwards, the lawyer for the named plaintiff, a former Skip the Dishes driver.

The suit says she began working for the company in Nov. 2016, but it aims to represent drivers in all eight Canadian provinces Skip the Dishes operates in.

The lawsuit alleges the food delivery company failed to properly classify its drivers as employees and failed to pay them at minimum wage and to provide overtime, vacation pay and other entitlements laid out in labour law.

“If you’re an independent contractor, you don’t have access to those and you’re not subject to the minimum standards,” Edwards said.

On its website, Skip the Dishes defines drivers as independent contractors that make their own hours and earn an average of $8 per delivery, plus tips.

Edwards said the courts have dealt with the question of how to define an employee or independent contractor in the past, and the criteria is multifaceted and far from black and white.

The claim states the way Skip the Dishes operates “creates an employment relationship,” including by referring to work as a ‘job’ or ‘position’ during the interview process, determining prices and compensation for work, and maintaining “sole discretion whether to accept or reject potential customers.”

The claim also referred to the manner in which couriers are paid by Skip the Dishes, assessed for performance and subject to discipline, and are subject to a code of conduct.

In a statement to CTV News, a spokesperson for Skip the Dishes said, “This matter is before the court and we look forward to responding through the appropriate channels.”

With files from CTV's Sarah Plowman