Court Case Highlights Employment Challenges for Delivery Drivers

A recent court case in British Columbia has brought to light the complexities of employment status, particularly for a worker seeking severance pay after leaving a staffing company.

The case centered around a 64-year-old driver who had been working for a staffing company for nearly four years, mostly delivering auto parts. He started his job in August 2017 and was assigned to a truck rental company that had a contract to deliver parts for a major auto manufacturer.

A key point of disagreement arose regarding the worker’s employment status. The driver argued he was a full-time employee entitled to severance pay, but the contract he signed labeled his role as a temporary “elect to work” arrangement. This meant he could decline job offers without penalty and was exempt from receiving termination pay.

Even though the worker frequently clocked in 40 hours a week, the staffing company maintained that his job was meant to be temporary. This situation raises questions about how temporary and permanent roles can often blur together.

Another important aspect of the case was whether the worker’s employment had actually ended, which would entitle him to severance pay. The dispute began when the driver got injured at work in March 2021 and applied for workers’ compensation without informing his employer right away.

Once the employer learned of the injury, they sought other drivers to take over his responsibilities. The worker believed his job ended when he was told to remove his personal items from the truck, interpreting that as an implied termination. However, the company argued they never officially terminated his employment.

The court highlighted some critical procedural issues with how the worker pursued his claim. Instead of going through the proper channels, he filed a petition directly, which isn’t the correct way to start a claim under the Employment Standards Act.

According to the court, any claims under this law should originate with the Director of Employment Standards, not through a petition or civil claim in court. This emphasizes the importance of following the right legal processes when dealing with employment disputes.

Eventually, the court decided not to grant the worker’s request for a declaration about severance pay, but they also advised on how he should proceed with his claims, reiterating the need for clear legal steps.

The judge also reminded everyone involved about the potential timing issues of filing claims, indicating that the request made in January 2024 could be outside the two-year limit if the employment technically ended in April 2021.

To help move things along, the judge chose to convert the improperly filed petition into a formal legal action, allowing the dispute to be resolved correctly going forward.