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Written Reasons Respecting Permanent Removal of Access to Online Platform - ESR Part 7.2, Section 45.33

Last updated on September 3, 2024

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section requires an employer to provide written reasons for permanently removing a worker's access to an online platform.

Text of Legislation

Written reasons respecting permanent removal of access to online platform

45.33 (1) If the employer of a delivery services worker or ride-hail services worker permanently removes the worker’s access to an online platform, the employer must give written reasons for the removal to the worker.

(2) Written reasons under subsection (1) must be given to the delivery services worker or ride-hail services worker

(a) at the same time the worker is given written notice under section 63 (3) of the Act, if applicable, or

(b) as soon as practicable, in all other cases.

Policy Interpretation

Online services workers are covered by Act Part 8, Section 63 - Liability resulting from length of service, and are therefore entitled to compensation for length of service if their access to the online service is permanently terminated without just cause or notice.

Employers must give workers written reasons for the termination at the same time as written notice of termination. If they do not give written notice (for example, if a worker is terminated immediately), then the written reasons must still be provided as soon as possible.

Written reasons are intended to encourage communication between employers and employees, and to allow workers to understand why the relationship has come to an end. A worker may be entitled to compensation for length of service under section 63 if they were terminated without just cause, regardless of whether reasons were given or not. Written reasons under this section do not need to provide all the employer's evidence if they believe they have just cause for the termination, but the reasons should indicate generally why the working relationship is being ended.

Related Information

Related sections of the Act or Regulation

ESA

ESR