Less dominos delivery1/6/2024 ![]() ![]() With big organization like Domino's, you'd expect that most workers are going to be employees. She added that even if an employee - like Cervantes - signed a contract that classifies them as an independent contractor, that doesn't mean they can't make the case that they should be designated an employee. "With big organization like Domino's, you'd expect that most workers are going to be employees." They have a requirement to be at certain places at certain times because of the control that Domino's places on most of their workers - both having to work in store and driving," said Chaudhri. ![]() Labour lawyer Sunira Chaudhri says 'with big organization like Domino's, you'd expect that most workers are going to be employees.' (CBC) More claims likely with higher minimum wageĮmployment and labour lawyer Sunira Chaudhri says with larger companies like Domino's, the expectation is that workers are hired as employees because they are ambassadors of the brand: they wear the uniform, they do as they're told and don't have the freedom to create their own hours. If they aren't doing that, I think that's inexcusable." they have the means to pay people a fair wage. "I'd like enough employees to be aware of it so that they can take similar action that I did and seek the compensation they're probably owed," said Novak. Novak said he hopes others in situations like his could potentially learn from the outcome of his claim. In her decision, Employment Standards officer Mary Beth Beneteau said, "The employer representative. He filed a claim with the ministry and documents show nearly one year later, he was awarded $197.92 in back wages in addition to vacation pay. Novak also felt he should be categorized as an employee with Domino's, and the Ministry of Labour agreed. "It just seemed like I was hired as an independent contractor, I was being treated as an employee, but I wasn't being paid as an employee and I found that discrepancy pretty unfair," said Novak. He argued he should have been paid as an employee earning minimum wage, but instead took home $5 an hour. Kyle Novak said he filed a claim with the Ministry of Labour arguing he was wrongly classified as an independent contractor. The 27-year-old Guelph University PhD student said he quit a week later to work at a Papa John's franchise for more money. Kyle Novak worked as an independent contractor for a Domino's franchise on Stone Road West in Guelph, Ont., in February 2017. His family, including four young children living at home, relied on the income.Īnother Domino's delivery driver told CBC Toronto he was paid less than minimum wage. Juan Jose Lira Cervantes, father of sixĬervantes said he was stunned to be out of work. ![]() "That was a low point … I kept thinking to myself that's not right." I was just trying to do something right, not only forme, but for my family. More than a month later, he said he was taken off the franchise's work schedule. (CBC)Ĭervantes then filed a Ministry of Labour claim arguing he was misclassified from the outset as an independent contractor and that he should have been an employee all along. Cervantes wants the ministry to assess whether or not he's owed back pay for four years, during which he was paid far less than minimum wage.Ĭervantes's claim was filed on March 9. Cervantes's Domino's uniform has been folded up since he was taken off the schedule at the franchise last month. ![]()
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