Volunteer job posting at Shoppers Drug Mart: Employment lawyer discusses on Newstalk1010

Interview Summary

A Shoppers Drug Mart ad for unpaid volunteer workers caught the attention of many. After significant backlash to the posting, a pharmacist clarified that it was a mistake and they were no longer accepting applicants. What are the legalities surrounding volunteer positions? Can employers face legal consequences for misclassifying employees as volunteers?

Travis Carpenter, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP, joined Richard Crouse on Newstalk1010 to discuss employee rights and employer obligations.

Interview Notes

• Volunteer job postings in retail: Carpenter explained that this is not the first time a retail company has advertised for a volunteer position and went on to discuss the relationship between an individual and the business. “You look at the type of the work the individual is performing, who’s deciding what the individual is doing, how much they’re being paid, etc,” said Travis. All these elements can determine whether or not someone is an employee.
• Classifying the type of worker: Carpenter cautioned that the title given to some workers by employers might not matter. “Whether or not someone is an intern or a trainee or a volunteer, doesn’t mean they’re not protected by employment legislation here in Ontario.” Employment law does not specify what a volunteer is, but some elements can indicate whether or not an individual should be considered an employee.
• Volunteer injured at work: Employers could face significant legal challenges if an individual who is truly an employee is injured at the workplace. “If they’re misclassified, there are liabilities for the company,” Carpenter explained. “If you’re going to misclassify someone it could result in significant legal repercussions.”

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Independent contractor vs. Employee
• Workplace human rights in Ontario