A father of six has filed a declare towards a Domino’s Pizza franchise alleging he spent extra than 4 years working for the corporate incomes under minimum wage when he ought to have been entitled to the wages and advantages of an worker.
Juan Jose Lira Cervantes — who’s looking for again pay — additionally alleges he was taken off the schedule after he filed a declare with Ontario’s Ministry of Labour.
“I felt actually unhealthy. I did not count on that after 4 years and 4 months. I used to be simply attempting to do one thing proper, not just for me, however for my household,” stated Cervantes, who lives in Mississauga, Ont.
The 50-year-old stated he started working as an impartial contractor on the chain in November 2013. He drove his personal automotive for deliveries, was not assured set hours and this 12 months was making $eight an hour plus ideas.
Cervantes stated he delivered pizzas for the franchise on Glen Erin Drive and labored within the kitchen, taking pizzas out of the oven, doing prep work and washing dishes.
In January, when the minimum wage rose to $14 an hour in Ontario, Cervantes stated he started researching labour guidelines and believed his work fell below the class of an worker, a title that might enable him to be paid minimum wage. He stated he approached the proprietor of the franchise in February, however was advised he was categorised as an impartial contractor, which permits corporations to pay a lesser wage.
Below Ontario’s labour regulation, impartial contractors are not entitled to minimum wage. They do not have the identical protections as an worker and will not be entitled to additional time or trip pay. In addition they use their very own instruments and dictate their hours and shoppers. In distinction, staff are entitled to minimum wage, additional time and trip pay however are advised when and the way to do their work.
Cervantes then filed a Ministry of Labour declare arguing he was misclassified from the outset as an impartial contractor and that he ought to have been an worker all alongside. Cervantes wants the ministry to assess whether or not or not he is owed again pay for 4 years, throughout which he was paid far less than minimum wage.
Cervantes’s declare was filed on March 9. Extra than a month later, he stated he was taken off the franchise’s work schedule.
“That was a low level … I saved considering to myself that is not proper.”