In your opinion, how likely is their lawsuit to be successful?

You are permitted, but not required, to utilize outside sources but must properly cite those sources.

1. Lock Out Case Study

Read the following new articles related to the recently resolved lock out of workers at a Federated Coop refinery in Regina, Saskatchewan.

https://leaderpost.com/news/local-news/lockout-begins-at-co-op-refinery-as-workers-rally-for-pensions

City of Regina inserts itself into Unifor, Co-op Refinery labour dispute

https://www.cbc.ca/news/canada/saskatchewan/unifor-coop-refinery-complex-labour-dispute-day-55-1.5445131

https://www.cbc.ca/news/canada/saskatchewan/lockout-co-op-refinery-regina-unifor-sfl-1.5436131

https://www.cbc.ca/news/canada/saskatchewan/unifor-president-livid-after-police-investigation-finds-bomb-threat-non-credible-1.5575891

https://regina.ctvnews.ca/unifor-594-strikes-tentative-deal-with-sask-co-op-refinery-after-6-month-labour-dispute-1.4989859

https://www.cbc.ca/news/canada/saskatchewan/labour-co-op-refinery-unifor-local-594-regina-deal-signed-1.5622636

From the articles develop an approximate timeline of key legal events related to the lock out, from the initial lock out notice until the recent tentative agreement ratification (given the piecemeal nature of the reporting, the timeline does not to be exact). In an 800-900 word analysis, identify each key legal event and discuss which aspects of the Collective Bargaining Regime they highlight. If you disagree with how a specific legal principle was applied, discuss why.

2. Employment Status Analysis

Consider the following employment scenario:

Packages on Wheels (PoW) is an online bike courier app operating in the downtown of a major metropolitan area in Canada. Customers use the app to request a package pick-up. A courier accepts the trip, goes to the pick-up location, collects the package and delivers it to the select destination. Rates are determined by the app company based on distance, time of day, traffic density, and availability of couriers. When logged onto the app, couriers can choose to accept or deny any specific trip. They also determine when they wish to log on and off. All payments are managed through the app, with PoW receiving payment and forwarding it to the courier, less a 15% administrative fee. Couriers sign an independent contractor agreement with PoW stating that they are not employees of PoW. The agreement states the couriers must supply their own transportation and equipment (bags, helmet, riding gear, etc.). The agreement also stipulates that couriers are not allowed to work for any other courier company while their agreement with PoW is active, and that PoW can terminate their agreement at any time for violations of the agreement or poor customer ratings. A group of PoW workers have filed a lawsuit claiming that under common law and employment standards they should be deemed employees.

In your opinion, how likely is their lawsuit to be successful?

What do you believe their employment status is?

Provide your answer in an essay of 700-750 words. Your answer should include all relevant common law and regulatory legal considerations. You are allowed, but not required, to refer to specific regulatory provisions in your jurisdiction.

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