Note: The fuzzy situation referred to in this article involving Workers'Compensation and couriers is now quite clear. Bike and foot couriers receivemandatory coverage under the Act - no matter what they are forced to signby courier companies. See "Workers Compensationand Messengers."
eye magazine, June 29, 1995
by Alexandra Highcrest
In Toronto, the popular image of the courier is that of the free spirit,the road warrior grinding out a living delivering the flotsam of the BayStreet racing rats. The flipside of this image reveals a group of folkswho work long hours for little money in a potentially hazardous occupationthat offers them no protection.
Stu Vickars moved to Toronto in 1993 and landed a job as a "walker,"or walking courier with Alliance Courier. Vickars was told by Alliancethat he would earn at least $50 in commissions on deliveries per day -more as the number of his deliveries increased. His typical working daybegan at 7:30 a.m. and lasted until 5 p.m.
According to courier operators, 60 per cent of the customers' deliverycharges is paid out in commissions. Beginning couriers make $200 to $300per week while experienced couriers who hustle can earn twice that amount.
Vickars worked for six weeks, up until the day he stumbled down thestep at First Canadian Place and sprained his ankle. Vickars was on thejob when the accident occurred and, as he told eye, "hobbledthrough two more drops," before passing his remaining deliveries onto another courier.
When Vickars had his injury checked out by a doctor he discovered hehad torn ligaments in his ankle. His career a courier was over, but nothis involvement with the business.
Vickars applied to the Workers' Compensation Board for coverage butfound he was not eligible. When Vickars began working for Alliance Courier,the company had him sign a form which stated he was an independent brokera freelance contractor. A number of courier company owners told eyethat every operator in the city uses independent brokers exclusively [note:this is not true Dynamex couriers are employees and are members of theTeamsters Union]. As one owner explained it: "This business attractsa transient type of worker. Couriers come and go all the time. I thinkthey like it that way they like the freedom."
Under the Workers' Compensation Act, any employee working in Ontariois entitled to assistance if he or she is injured while on the job but,as Mike Campbell from Workers' Comp put it, "the area of independentbrokers is fuzzy. As an independent broker he [Vickars] couldn't be consideredan employee under the act unless he had made contributions into Workers'Comp as an individual If he hadn't signed anything he would've been consideredan employee and been entitled to compensation. His employer would alsohave been required to pay into Workers' Comp on his behalf." So, anindependent broker injured on the job is not eligible for Workers' Comp,unless he's been paying into the plan himself.
Following this setback Vickars spoke to a lawyer, who told him thata case could possibly be argued that he was indeed an employee of AllianceVickars was working regular shifts, he was taking orders from a dispatcherand he was to receive a wage paid out at regular intervals. If Ontario'sEmployment Standards Branch agreed that Vickars was an Alliance employeethe company would be required to pay him minimum wage for the time he worked,plus pay into Unemployment Insurance and Workers' Comp on his behalf. TheEmployment Standards Branch disagreed. Vickars claims that Alliance Courierowes him approximately $700 in unpaid wages and he took his case to smallclaims court. As Vickars says, "The wheels of justice grind slowly,"and his case has dragged on for almost two years. He still has not receivedany of the money he believes Alliance owes him.
Although the use of independent brokers is the norm among Toronto'scourier companies, Stu Vickars says that Alliance is using the indie brokerlabel as "a ruse that they can hide behind to avoid responsibilitiesto their workers." Bruce Wilson of Alliance disagrees with Vickars'claims but was unwilling to offer comment for eye over the phone.
So far, Vickars has fought his battles against the Ontario governmentand Alliance Courier alone. The people in the courier business with whomeye spoke said that currently there is no organization in Torontothat looks out for the interests of couriers. A courier operator who hasbeen in the business for some time told eye, "The guys arereally into the freedom and I think they like things just the way theyare. Many see themselves as the mod ern-day Pony Express, others just liveto ride their bikes. I don't think these guys are into things like UI orWorkers' Comp." Vickars thinks that they should be.
Being a bike courier can be a hazardous occupation. There are approximately4,000 cycling accidents annually in Ontario and many of these accidentsinvolve couriers. Downtown Toronto, with its car-clogged streets, can bea toxic work environment for any type of courier. If a courier gets injuredor sick because of the work, or has a grievance to settle with a companythey are on their own. Vickars believes that if couriers became employeesof their companies they would receive more protection from the government.
Vickars also suggests that "a union would be better, but furtherdown the road." He may be right.
If you have comments or suggestions, email me at messvilleto@yahoo.com