The motion for certification in the proposed Pizza Nova class action has been scheduled to be heard by the Superior Court of Justice on November 24, 2021.
Category: News and Updates
CBC’s As It Happens interviewed Simon Archer and Juan Jose Lira Cervantes
As It Happens spoke to GP’s Simon Archer and Juan Jose Lira Cervantes, the proposed representative plaintiff in this class action.
Simon explains what the class action is about, and Juan shares his experience working as a driver for Pizza Nova.
When asked about taking on big corporations like Pizza Nova, Juan explains, “I find it to be a duty to my fellow drivers to do this and to fight for the rights of all of us.”
Listen here: The interview starts at about the 51:10 mark.
The Toronto Star talks to GP’s Josh Mandryk and Ella Bedard about the proposed class action lawsuit on behalf of Pizza Nova deliver drivers
Goldblatt Partners LLP has launched a proposed class action lawsuit against Pizza Nova and its franchises. The proposed class action claims that Pizza Nova’s Ontario franchises misclassify their delivery drivers as independent contractors, rather than as employees. They also fail to pay drivers the minimum wage and benefits they are entitled to under employment standards legislation.
In a Toronto Star report on the lawsuit, Josh Mandryk and Ella Bedard explain more about the claim and the the proposed representative plaintiff, Juan Jose Lira Cervantes:
Josh Mandryk, a lawyer with Goldblatt Partners — the Toronto-based labour law firm launching the class action — described driver misclassification as “pervasive in the pizza delivery industry” and said it “denies these workers of core workplace protections.”
The COVID-19 pandemic “highlights not only how critical these workers are to Pizza Nova’s operations, but also how important it is that they receive the same basic workplace protections as other employees,” added co-counsel Ella Bedard.
As reported by the CBC in 2018, the provincial Ministry of Labour found a Domino’s Pizza franchise that previously employed Cervantes misclassified him as an independent contractor. The franchise was ordered to pay him more than $25,800. Cervantes only received $6,300 because the franchise voluntarily dissolved, even though “the same pizza business continues to operate at the very same location,” Mandryk said.
“This experience highlights deep flaws in Ontario’s employment standards regime and its failure to protect working people,” Mandryk told the Star.
“Mr. Cervantes decided to pursue a class action and to be the representative plaintiff in this action because he wanted to create real and systemic change at Pizza Nova and in the pizza delivery business more broadly.”
Goldblatt Partners LLP is counsel in a proposed class action against Pizza Nova Take Out Ltd., Pizza Nova Restaurants Ltd., and its franchisees who operate over 140 Pizza Nova store locations across Ontario (collectively referred to as “Pizza Nova”).
The proposed class action has been filed on behalf of all contract delivery drivers who worked for Pizza Nova or any of its franchisees in Ontario since January 1, 2012.
The statement of claim alleges, among other things, that Pizza Nova violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with its delivery drivers by misclassifying them as “independent contractors” and failing to pay them minimum wage, overtime, vacation pay and public holiday pay in accordance with the ESA.
If you have worked as a pizza delivery driver for Pizza Nova since February 14, 2018 and think you may be a member of the class, register here for more information.
Read the Statement of Claim