The defendants have served responding motion records in the plaintiff’s certification motion. The plaintiff is now preparing a reply motion record. Once that is complete, the parties will schedule time to examine the witnesses and will proceed with the certification hearing.
We will provide further updates as they become available.
Comments closedThe plaintiff has served his motion record for the motion for certification in this proposed class action against Pizza Hut.
You can read the plaintiff’s motion materials here.
Comments closedThe Toronto Star is reporting on the new proposed class action against Pizza Hut for misclassifying delivery drivers as independent contractors and failing to provide them with basic employment rights.
The Star reports:
While the multinational pizza company has recognized drivers “in the United States and other jurisdictions” as employees, it engaged in “systemic” misclassification by failing to do so in Canada — violating employment laws in multiple provinces, the statement of claims says.
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Lead plaintiff Liubomir Marinov began working at a Toronto-area Pizza Hut in 2005 and was classified as an independent contractor, a category of worker that has no protection under provincial employment laws. Since then, he’s experienced “the challenges of misclassification and sub-minimum wage work first-hand,” he said.
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Marinov was, for a period, paid $4.50 per delivery plus tips, according to the statement of claim. In the spring of 2020, he began making an hourly rate of $8, which recently increased to $10.
In addition to being denied Ontario’s minimum wage, now $15 an hour, Marinov had to cover all the expenses of doing his work himself, according to the lawsuit. That included gas and car costs, as well as a data plan to use Pizza Hut’s in-house delivery app called Dragon Drive.
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The lawsuit argues that franchisor Pizza Hut is effectively a single employer that sets overarching practices and standards across all its storefronts — including the contractor designation for drivers. In addition to excluding drivers from provincial employment laws, the classification also means companies do not need to make employment insurance or pension contributions.
The Star spoke to Josh Mandryk about the proposed class action:
“Food delivery is difficult work for low pay. Drivers like Mr. Marinov have been on the front lines of the COVID-19 pandemic, delivering Canadians’ food and making it possible for many of us to stay safely at home,” said Josh Mandryk at Goldblatt Partners, one of the Toronto-based labour law firms spearheading the lawsuit.
The Star also spoke to co-counsel Andrew Monkhouse:
Comments closed“Employee misclassification in the pizza delivery industry is pervasive. This class action is about challenging that practice and improving work for Pizza Hut delivery drivers,” said Andrew Monkhouse of Monkhouse Law, the firm jointly representing Marinov.
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According to the class action, “all aspects” of Marinov’s work were “dictated in detail” by Pizza Hut’s app. Delivery drivers cannot pick which orders to fulfil, or decline orders assigned to them; they are also placed on a timer when making deliveries, according to the lawsuit.
“If a driver does not comply with the directions of the app, they risk discipline,” the statement of claim says.
Moreover, Marinov’s contract allegedly set out instructions for how to behave on the job: drivers cannot ask for tips, must report for their shift at a set time, and are prohibited from working for other companies during those hours.
These features set Pizza Hut apart from other app-based delivery companies, noted Monkhouse.
“Like other delivery apps, the app mandated by Pizza Hut provides significant control over when and how the delivery drivers perform their work,” he said. “Unlike many of those working on apps in the gig economy, though, Pizza Hut delivery drivers are scheduled for shifts, and deliver food exclusively for Pizza Hut during their scheduled hours.”
Goldblatt Partners LLP and Monkhouse Law are counsel in a proposed class action against PH Canada Company and its franchisees who operate over 400 Pizza Hut store locations across Canada (collectively referred to as “Pizza Hut Canada”).
A proposed class action has been commenced on behalf of all contract delivery drivers who worked for PH Canada Company and/or any of its franchisees in Canada since April 1, 2019.
A statement of claim has been issued, which alleges, among other things, that Pizza Hut Canada violated applicable employment standards legislation and its contracts of employment with delivery drivers by misclassifying them as “independent contractors” and failing to pay them minimum wage, overtime, vacation pay and public holiday pay in accordance with the applicable employment standards legislation. The statement of claim is on the home page.
If you have worked as a pizza delivery driver for Pizza Hut Canada since April 1, 2019 and think you may be a member of the class, you can register here for more information.
Comments closed