Last week, the Ontario Labour Relations Board (the “Board”) released an historic decision on the “Gig Economy,” finding that food couriers working for Foodora are entitled to unionize. The decision was released in connection with the Canadian Union of Postal Workers’ (“CUPW”) certification application filed in July 2019. A successful application would see CUPW become the trade union for 900+ Foodora couriers working in Mississauga and Toronto.

Foodora argued that its couriers were independent contractors and therefore barred from unionizing under Ontario labour law. The Board disagreed. This post highlights some of the key aspects of the Board’s decision and reviews how the decision appropriately extended the Board’s jurisprudence to the Gig Economy.