Maybe think twice before calling 439-Oh-Oh-Oh-Oh Pizza Nova until they have this $150 million dollar class action lawsuit brought on by its pizza delivery workers sorted out.
A class action lawsuit has been launched against Ontario pizza chain Pizza Nova by a group of delivery drivers claiming that they had been misclassified as contract workers rather than employees, the Toronto Star reports.
Under Ontario law, independent contractors are considered self-employed, creating their own schedules, working how they want, and aren't subject ot disciplinary measures by a superior.
Video has even more sauce if you know about the class action filed this week against pizza nova.
— Heather K. Dahlstrom (@greenhkd) April 3, 2020
Sounds like they were running a classic Ontario film scam. The old contract worker scam. Such shit. https://t.co/W8P3d7JYd1
The suit claims that Pizza Nova's delivery drivers were expected to work according to schedules created by Pizza Nova franchisees, assigned orders by the stores, wear Pizza Nova uniforms and perform in-store duties.
Yet, delivery drivers were classified as independent contractors, meaning they were not afforded minimum wage, basic workplace protections, overtime, vacation or public holiday pay and were expected to pay for expenses such as gas and car maintenance themselves.
The "integration, supervision and control" exercised by Pizza Nova on drivers resulted in an employment relationship, the lawsuit states.
Representative plaintiff for the lawsuit, Juan Jose Lira Cervantes, also told the Star that he was fired after six years for refusing to clean a store's bathroom.
Cervantes, who has spent years as delivery driver, said that he's experienced "the problems of employment misclassification in the industry first-hand."
A representative for Pizza Nova said that the company "denies the allegations made by Mr. Cervantes in the lawsuit" and noted that the franchised businesses of 'Pizza Nova' are independently owned and operated.
Pizza Nova president responds that Pizza Nova is merely a franchisor and doesn’t regulate whether it’s franchisees obey employment laws.
— David J. Doorey (@TheLawofWork) April 2, 2020
Each time a corporation takes this position, they make the case for labour law reform. https://t.co/KKMrntQ2Jk
Despite this, the suit claims that Pizza Nova is a "common employer" that set overreaching standards for franchises, including delivery drivers' contracts, assigning deliveries and minimum staffing levels.
"The defendants owed a duty of care… to ensure they were accurately classified as employees and properly compensated for all hours worked," reads the lawsuit.
by Lisa Power via blogTO
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