Foodora Couriers Win Right to Join a Union in an ‘Historic Precedent’ For Gig Economy Workers

Maria Jovanovska
N01162553
Business Management, Humber College Institute of Business and Technology
BLAW 150 - RLA
Sarah Armenia
December 1, 2020
367 words
Maria Jovanovska – n01162553 BLAW 150 - RLA

The outbreak of COVID-19, which has caused countries like Canada to shut down

governments and go into lockdown, has simultaneously transitioned into using online shopping

apps and delivery services more in an effort to minimize contact and the spread of the virus.

Apps like Uber Eats and Foodora have seen a surge in orders since the lockdown mandates have

taken place. And until recently, they’ve been working in unsafe environments for scarce and

minimal payments. The article “Foodora Couriers Win Right to Join a Union in an ‘Historic

Precedent’ For Gig Economy Workers” by Sara Mojtehedzadeh 2020, goes into detail about the

impractical conditions gig economy workers had to agree to while trying to make ends meet

during a global pandemic that has impacted the lives of millions.

Foodora couriers have been considered to be independent contractors until late

February, when the Ontario Labour Relations Board agreed that the couriers have the right to

unionize as they become the first app-based workforce in Canada. This major passage allows

other Canadian application-based services (such as Uber Black) to submit document

applications to join the United Food and Commercial Workers (UFCW) in Toronto.

The previous contract that was non-negotiable for the applicants upon registration of

the position, listed the couriers’ set pay rate among other equally outrageous conditions. The

board’s decision agreed that Foodora couriers should be covered under Ontario’s Employment

Standards Act, 2000 which sets out the minimum terms and conditions of work required for

employees, including minimum wages and work hours. This creates a steady and profitable

income for workers who are between jobs, working the full time hours but receive less than fair

pay, and upon occasion, a deduced fee due to dishonest complaints lodged against them,

especially after all the resources they use and have to pay out of pocket for.

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Maria Jovanovska – n01162553 BLAW 150 - RLA

Foodora’s argument stating that couriers had the freedom to work for several

competing food delivery service apps was insufficient to classify them as independent

contractors, who by definition are their own boss, who make their own decisions about the

project in which they are hired to do and have specialized skills. However, the Foodora courier

requirements stipulate that they simply deliver the food from the restaurant to the customer.

Essentially they’re the middle man of the operation, with very little to no say in the food prep

and require little to no particular skills aside from being competent and capable of driving.

Creating a union gives all the company’s employees equal rights and job security, which

is reasonable. But what happens when the couriers who are constantly unsupervised, start to

deliberately tinker with the orders or the interaction between the courier and the customer

was discourteous. While customers have the option and resources to complain directly to

Foodora, the board appointed that Foodora “keep a ‘Strike Log’ that monitors couriers’

behavior and job performance” (p 12, 2020) to monitor complaints about tampered or omitted

items, or inadequate customer service. The complaints which are commonly done at the

expense of the couriers, despite not all of them being honest – this is due to the lack of action

delegated from Foodora. Had people been assigned to monitor the complaints instead of

sending the same mass emails, there would have been one less reason for couriers to want to

unionize; what is more, Foodora fails to question the courier about their account of the

interaction which occurred, admitting that “despite some documented instances of couriers

being disciplined or terminated, Foodora rarely interacted with its couriers’ daily work” (p. 22,

2020).

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Maria Jovanovska – n01162553 BLAW 150 - RLA

The solution? The conditions can be mirrored. Foodora can incorporate a rigorous

condition in their terms and conditions that every consumer must become aware of and agree

to, that states any user who is found to be submitting multiple dishonest complaint towards

couriers will be banned from using the app’s services. To ensure this, Foodora can make phone

numbers a mandatory profile component to sift out the users who attempt to make multiple

accounts with different emails.

With Covid not being anywhere near done, and a second wave already hitting major

cities like Toronto, the approval couldn’t have come at a better time. Foodora will lead by

example for other food delivery service apps like Uber Eats and SkipTheDishes who will create

more practical guidelines and conditions for future couriers, in an attempt to stop the creation

of unions. The precedent will create more stable jobs with better consideration of the couriers

who put in more time, money and effort than they’ve been compensated for.