Work: What’s Next | Legal rights of unvaccinated truck drivers

Interview Summary

Truck drivers crossing Canadian borders are now required to be fully vaccinated or could face isolation and quarantine. Unvaccinated truck drivers have since protested the mandate and are questioning what they are entitled to if unable to work. What can drivers in this situation do to better pursue their rights? Do unvaccinated truck drivers have any recourse?

Lior Samfiru, a Toronto employment lawyer and national co-managing Partner at Samfiru Tumarkin LLP spoke with Global News on Work What’s Next to answer these questions and more.

Interview Notes

Can an unvaccinated truck driver lose their job if they are unable to cross the border?

The mandate created by the government effectively prevents unvaccinated truck drivers from doing their job. Employers are put in an impossible situation and through no fault of their own, will be able to let the driver go and will not have to offer compensation. An inability to perform the basic duties of a job is considered a frustration of contract.

LEARN MORE
Truckers and severance pay

Are employers in the transportation sector able to offer accommodations to unvaccinated drivers?

A trucking company is not required to change the job in order to accommodate an employee‘s vaccination status. Drivers who do not cross borders can expect their employers to be more flexible and accommodating as the terms of their position are not changing.

Why has a class-action lawsuit been launched against Pizza Hut?

Pizza Hut couriers and drivers are arguing that they have been misclassified as independent contractors when they are in fact employees. Drivers who have been misclassified are not entitled to the same rights and protections as employees, such as minimum wage and vacation pay. Learn how to calculate severance pay for Pizza Hut employees.

How can an individual determine if they are an employee or independent contractor?

In order to determine whether or not an employee has been misclassified, an individual has to consider the level of control they have over their own position. Workers who are not able to set their own schedules, choose their own jobs and determine their pay are considered to be employees despite being classified as independent contractors.

LEARN MORE
Uber Class-Action Lawsuit

What will it mean for Pizza Hut drivers if they are considered to be employees?

Pizza Hut drivers will be entitled to compensation that they have not been given, such as overtime pay, vacation pay, etc. Pizza Hut has tremendous liability if its drivers are found to be employees.