A class action lawsuit involving the meal delivery service, Skip the Dishes, will proceed in a Manitoba court after the Supreme Court of Canada’s monumental decision in a separate case against Uber Eats.
Lead plaintiff, Charleen Pokornik, a former Skip the Dishes driver, claims that she and other delivery drivers were misclassified as independent contractors, rather than employees. The proposed Skip the Dishes class action lawsuit argued that the Winnipeg-based company deliberately misled workers to avoid the expenses of classifying them as employees, including paying minimum wage and offering paid sick leave.
A similar class action lawsuit was filed against Uber Eats in Ontario. This $400 million class action lawsuit claimed that Uber Eats’ drivers should have been classified as employees under provincial law, rather than independent contractors. The plaintiff, in that case, claimed that he was forced to accept changes to terms in his compensation, or risk not getting paid, by Uber Eats. In addition, the Uber class action lawsuit contested an arbitration clause in the Uber Eats’ driver contracts.
CBC News says in recent legal news that, like the Skip the Dishes class action lawsuit, the Uber Eats class action lawsuit is seeking class action certification. In fact, shortly after the Skip the Dishes class action lawsuit was filed in Manitoba court, it was put on hold until the Supreme Court determined whether the Uber Eats class action lawsuit could proceed through the courts, rather than requiring the plaintiff to use arbitration – a move that would stymie most legal action by workers.
CBC News reports that Canada’s Supreme Court ruled in favor of the Uber Eats class action lawsuit proceeding through the court system, although it did not issue a ruling regarding whether drivers should be considered independent contractors or employees.
According to the Skip the Dishes class action lawsuit, the company made a similar move shortly before the lawsuit against it was filed in Manitoba court. Skip the Dishes allegedly required drivers to sign a contract agreeing not to join any class action lawsuits against the company. The terms also required workers to use an arbitration process prior to seeking individual legal actions in court over any legal dispute with the company.
With the Supreme Court’s decision issued in the Uber Eats class action lawsuit, the Skip the Dishes class action lawsuit can now proceed, although a lawyer representing the plaintiff cautioned that the result may be different.
“The impact of the Supreme Court decision will be a matter of debate between the parties on the Skip the Dishes action, because the facts, of course, are not identical,” a lawyer representing the proposed Class Members in the Skip the Dishes class action lawsuit told CBC News reporters. “But what … we’re grateful for, is the Supreme Court has engaged in this issue, and the issues arising from the gig economy, which affects so many people in this country.”
According to CBC News, the proposed Skip the Dishes class action lawsuit claims that the company duped drivers into agreeing to work as independent contractors, rather than employees. Employees are entitled to a number of protections and benefits under Manitoba law, including minimum wage, overtime, holiday, sick, and vacation pay. Minimum standards for these items are set by the Manitoba Employment Standards Code, but independent contractors are reportedly exempt from these baselines.
“Employers seek to avoid those [standards] by trying to structure their relationships as independent contractors,” a lawyer representing the plaintiff told CBC News reporters.
According to statements made by the plaintiff’s lawyer to reporters, the nationwide Skip the Dishes class action lawsuit is complex because each province has different standards that apply to its network of drivers located across Canada.
“It is an issue that has arisen in the law regularly over many years and there are many decisions, so it’s not something you can sum up. It’s a multi-faceted test,” the lawyer told reporters.
The Skip the Dishes class action lawsuit is seeking damages on behalf of Skip the Dishes workers who were classified as independent contractors. If successful, workers may be entitled to back pay and retroactive benefits from the company.
CBC News reports that Winnipeg-based online restaurant delivery service works with 12,000 restaurants in Canada, providing home delivery service through a network of delivery drivers. Skip the Dishes reportedly insists that the drivers are private contractors and not employees of the company.
For its part, the company has declined to comment on the merits of the case, telling CBC News reporters, “This matter is before the courts and we look forward to responding through the appropriate channels.”
Are you a driver for Skip the Dishes? Do you think you should be classified as an employee and entitled to benefits such as minimum wage and paid sick leave? Tell us your thoughts in the comment section below!
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9 thoughts onSkip the Dishes Class Action Lawsuit Moves Forward
I’ve worked for SkipTheDishes for about a year now. I started this as a side job, thinking it would be a great way to make extra income. I have learned that this is one of the most disturbing jobs that we have had in modern history. I equate this job to modern day slavery with low pay, and a complete disregard the couriers that deliver for SkipTheDishes.
A lot of people can see the black and white when it comes to being a courier. Wear and tear on your vehicle, the cost of fuel and the low pay and often low tips.
But a lot of people don’t realize is the manipulation that SkipTheDishes does to the system. The system is ran by complex algorithms. This gives the dishes, a massive control over every aspect of the operation. They can adjust prices, however, they fit to increase their profits. They can throttle peoples orders to make sure that no one is making over a certain amount per hour. They do so that they can keep more drivers on the road at any given time. I’m sure many people have noticed when they’re delivering they get a couple of good orders that pay well and then all of a sudden the orders go silent.
It’s my personal belief that if a company is able to throttle your profits as a contractor as they call it then they should also be responsible for paying a minimum wage when times are slow. SkipTheDishes constantly increases their cost on food. Their delivery charges their service fees. They do it within their power.
Another part of their system that is designed to take advantage of its couriers is the acceptance rate. The acceptance rate forces couriers to take the orders that are not in their best interest as a contractor. if you were offered four dollars but the delivery distance is 20 km it’s not worth it and you would decline that typically. However, if you decline this, you are punished because your acceptance will be reduced. You would lose some bonus money, and you wouldn’t be entitled to offers.
I’ve learned over the last year as a customer as well as a contractor/employee that SkipTheDishes is a terrible company. They take advantage of the couriers who a lot of them are people in need of extra income or they come from other countries and this is all that they can do to get started in Canada. Skip the dishes takes advantage of the less fortunate and they rely on their customers to pay their couriers, wages, and forms of gratuities. I hope this action lawsuit moves forward, and they get deep into the algorithms to see how dirty SkipTheDishes system is. It’s basically a licensed to print money. Sadly, they don’t share the wealth they take it for themselves.
I paid 56 bucks and I just want my order I don’t even care about a refund just want the order I place and they said they took a picture of the order but I knkw that didn’t happens cause I have a camera outside my house and I didn’t get any notification or even a call and I ask them to call me when the order is here. Can I please get some help, please! I have kids and they didn’t eat last night and Ted 56 which I could have used today for them. I will file a lawsuit if I have to, please help me resolve this matter.
If you are not working a shift and are in an accident where you are not at fault, will personal insurance cover this? The app was not turned on they were completely logged out running an errand when the accident occurred, & they only been driving one month doing deliveries. There policy was about to be renewed and they planned to ask about coverage at their renewal date..
As a skip the dishes courier you are not covered by your auto insurance policy should you be involved in an accident while delivering for skip the dishes . I have been a skip the dishes courier for the past 3 years with over 22 000 deliveries . I was in the process of purchasing a new car and ready to go to the dealership to take possession of a hybrid to save money on gas and reduce my carbon footprint . I contacted my insurance agent to get a new policy set up and became aghast when he informed me that they would not insure me if I delivered food . Yes !! I was told by the insurance agent I need commercial auto insurance . I got a quote of 4700 dollars a year to deliver as an independent contractor for Skip the dishes whose revenue in 2018 was 312 million dollars according to wikipedia .There are thousands of skip couriers doing this part time and most of them likely don’t know they are not covered by their insurance while delivering skip the dishes .
did you know that commercial auto insurance doesn’t extend to cover you as a Doordash or Skip driver…quite possibly even Uber/Uber Eats. You end up in a situation where it further disseminates that the industry of delivery driving_specifically Doordash, doesn’t put it’s money where it’s MOUTH is. They won’t invest into contracting with commercial auto insurance in Canada…or any auto insurance, so that driver’s have some protection beyond their personal auto insurance in the event of a loss.
Further to this is, it’s illegal to not have the proper coverage. Then if you want to make material changes to your policy you can’t because the auto insurance policy you have the company might not have someone contracted for the commercial aspect.
I’m finding it’s a nightmare where you’re damned if you do, damned if you try. Always in an insurance ‘pitfall’. They can deny your claim for coverage based on not making material changes (notifying them of the RISK…delivery is higher risk) but then they can’t make the changes needed ‘after’ you get the policy because they don’t extend to cover it…which is then ‘misleading’ information that you merely need to ‘add’ a separate tort contract (add-on to your policy, so to speak). I’ve been chasing my tail for weeks now on the new/used car I bought to get a policy in place to take receivership of the car & I can’t find anything anywhere.
I’ve even consulted with the IBC (Insurance Bureau of Canada) to be given a website that does broker searches & work my way down the list from there. I’ve called all the insurance companies that EVERYONE says is the best bet at getting a policy, they don’t extend to ‘on demand’ drivers which is what Skip or DD is…Uber & Uber Eats are the only one’s who have 3rd party liability, they’re contracted to Economical. But that’s even proving HARD…as you can’t get a policy to cover one (Uber Eats) without the other. i want to go pull my hair out then BASH IT against the wall!!
I had a new co-leased vehicle with my mom, prior to this. The car isn’t paid for. Involved in a collision while Dashing & despite doing everything the right way (policy in place for 2 yrs prior to dashing & approaching the insurance company multiple times, getting run around & their separate commercial auto insurer Deeks, stating they don’t provide THAT type of commercial auto) I now am left with a $30,000 loss & all Doordash has to say is ‘sorry for the incovenience’. They are liars. The auto insurance policy/claim as provided & everything I was directed to (& I’m no IDIOT, I tried to research this & take reasonable security) doesn’t extend outside of the United States. The claim I filed was returned with an email apology that they’re for US residents only.
So…this becomes an Insurance policy ‘trap’. It becomes a POLICY trap with our Ministry of Transportation as it must integrate into the IBC.
I have learned the system perpetrates a LIE…& it’s much bigger than ‘independent contracting’ liabilities. These companies are ‘ballooning’ & expanding business enterprise in Canada & getting away with it while the driver is shafted for losses/damages & SUBJECT to civil law suit. Their has to be & should be as part of the Corporations Act or something (my opinion) based on all BUSINESSES having to have liability coverage which extends outwards to protect themself against any losses or damages created by persons carrying their product or providing a service…which applies to the US drivers, but there’s NONE FOR CANADA?? So who’s responsible for that!!
I’ve got a $30,000 loss for 7 months of employment as a dasher & I didn’t lie to insurance, it was disclosed. They get away with ‘not paying out’ because of ‘improper coverage’. Then when they couldn’t argue against that point, they simply responded with a final position letter that subject to our contract they have to be notified of ‘material change to policy’ which I DID. I’ve filed with the insurance ombudsperson & am pursuing this to the fullest, but at the end of the day, I used to moderate my mom’s stuff..she’s a disabled senior who’d had a fractured shoulder then straight into a colon cancer diagnosis & colon surgery…it made the car essential. I had job loss from my 3.5 yr position as lead Brand Ambassador in wine marketing/sales, leading me to explore ‘doordashing’. Everything read as personal auto insurance {the industry perpetuates the lie…Ontario insurance websites all over the internet can be found that you ONLY NEED PERSONAL AUTO INSURANCE’…it carries from there. She’s got no access to groceries or her medical appointments. It’s been 4 wks she hasn’t gotten to anything. So I exhausted my life’s savings (TFSA) to purchase a newer/used car & trying to get it back on the road so she can return to her appointments etc. I have minor injuries from the accident & need to get transport to therapy. THANK GOODNESS for SAB [oh yeah, they cancelled her insurance policy!! So that goes against her now trying to get another policy!!]
It’s snowballed from there. Nothing pays out for our losses or the damages. Idk what’s going to happen with Kia Canada. They’re making no move, Kia Finance just says to keep your account in good standing-which means pay for a wrecked vehicle. It’s sitting impouned at their auto body center. Nothing’s MOVING. I can’t return to work because even though DoorDash can go BITE IT…i was going to try Uber Eats, I can’t get a policy on the car for Uber Eats without it being combined for Uber & Uber Eats, not one without the other. I’m so confused & nauseous & this has corrupted my entire summer.
I have made it well known to the IBC & am trying to get the Minister of Transport. I have emailed the MP for my area & Jagmeet Singh, that there’s an egregious ‘bear trap’ effect in the insurance/transportation industry as it pertains to ‘on demand’ driving. No one cares with Skip, or Doordash. More & more everyone’s pushing paper & getting a paycheck whilst everyone’s at GREAT RISK, I bet 95% of drivers are driving without proper insurance. IBC complains that’s illegal, yet trying to do it the right way is met with so many barriers it’s near to impossible & I have a $30,000 loss that no one gives a flying marshmallow about. I wouldn’t EVER HAVE BEEN IN THE JOB description if not for Corona Virus job loss as the program I was working in was eliminated so I did the best I could. Be an informed consumer be-damned. I spent months seeking information & narrowing things down to be told I was OK & after the collision cut loose without batting an eyelash…completely shafted!!
BE AWARE BE VERY AWARE. Don’t EVER DRIVE FOR THESE COMPANIES. They lose DRIVERS & can’t move their product then maybe they’ll think again. The drivers ARE THEIR CAPITAL. Without US they don’t have a business.
It’s not the independent couriers that can enforce the change its the big chains the likes of McDonald’s , Tim Hortons , Wendy’s etc. that can make these food delivery apps change the insurance policy to assure the safety of the courier and the public. Imagine a supplier to McDonald’s delivering products to them not being covered by their motor vehicle insurance . Is a socially responsible corporation like McDonald’s aware that 95% of their orders are being delivered to customers by uninsured couriers to neighbourhoods full of playing children in the streets ? That’s where the pressure needs to come from . The restaurants need to step up and speak up . The drivers sector is too fragmented and ununited as the job title says “independent” contractor .
I just signed up with them. Paid $80 for the bags and background check, which passed. Gave them my documents. Now they are saying there is no work available in my area. They stole $80 from me!
I do think we should at least get minimum wage. After paying for gas and maintenance, on a slow shift we could be making $8-$10/ hour. But everyone puts up with it because on a good shift you can make $20/hour or more.
Do uber eats and skip at the same time and you’ll stay well above minimum wage (so long as you are in a well populated area)