A recent article by CBC News highlights an alarming dispute in the Loblaws’ to worker union relation. Which truck drivers such as Faisel Osman and many other drivers from Lablaws’, do not get paid overtime unless they have worked a 60 hour work week. Although, last September an arbitrator ruled that this practice violates the Ontario’s Employment Standards Act which requires Loblaws’ to pay any worker of theirs overtime pay for a 44 hour plus, work week.
As a worker for Loblaws’ this can be a very troubling situation they have been put in as it not only affects them but now affects their family and friend relations. Like Osman a worker for Loblaws’ Maple Grove distribution center, finds it very troubling and tough to find time to see and play with his 4 children. As said in the CBC article, if a shift starts at 10 a.m. – and runs anywhere from 10 to 12 hours. “It’s kind of tough. If I come early, maybe before they get sleep, I get to spend a little bit of time with them” (Merali, 2019). Osman is not the only driver who is being put in this situation either, many other drivers from all age groups are struggling to make end meet, as many are getting second jobs for which they can work at night in order to support their families. This situation and conflict have been going on for the past few years now, as an arbitration hearing of Loblaws’ argues that drivers at the Cambridge distribution center are exempt from Ontario’s employment standards act because they fall under the category of highway transport divers, who can work up to 60 hours a week before overtime comes into effect (Merali, 2019). With four years of hearings, it was ruled that these Loblaws drivers did fall under the Employment Standards Act entitling them to get overtime pay after working more than 44 hours.
All these arguments and hearings which went on for four years was challenged by Loblaws as they believed they should not pay these drivers unless they’ve worked 60 hour weeks and which they did not fall under the Employment Standards Act. Loblaws challenging the arbitrator’s ruling now by filing a judicial review and wanting the Ontario Divisional Court judge to quash the decision. By Loblaws not paying their dues forth to these drivers right away shows the imbalance of power within the employment relationship. According to the International Labour Organization, the minimum acceptable standards within the workplace must include but not limited to security, equality to all, and fair income.
I believe that Loblaws now bringing it to Divisional court makes sense for them as it is in their best interest. This situation will cost Loblaws hundreds of thousands of dollars if they lose which is why they want to take their time with the process. Although, from an employee to management relation this is extremely unfair as the headquarters of Loblaws are abusing their power by not paying forth.
Merali, F. (2019, September 23). ‘They can do better’: Loblaws violated labour laws in Ontario, still isn’t paying overtime to drivers | CBC News. Retrieved February 12, 2020, from https://www.cbc.ca/news/canada/toronto/loblaws-delivery-drivers-arbitration-decision-overtime-1.5287007
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