Uber (The Canadian Press)

Supreme Court sides with Uber driver seeking better pay, benefits

Man behind the planned class action, David Heller, is an Ontario driver for UberEats

The Supreme Court of Canada has cleared the way for Uber drivers to take the next step in their fight to be recognized as employees.

In a decision today, the high court upheld an Ontario Court of Appeal decision that opened the door to a class-action suit aimed at securing a minimum wage, vacation pay and other benefits for drivers.

The man behind the planned class action, David Heller, is an Ontario driver for UberEats, a service that delivers food from restaurants to customers at home.

He argues that Uber drivers are employees, which entitles them to protections under Ontario’s Employment Standards Act.

Ontario’s highest court said a clause in Uber’s services agreement that requires all disputes to go through arbitration in the Netherlands amounted to illegally outsourcing an employment standard.

Heller earns about $400 to $600 a week before paying taxes and expenses, using his own vehicle and working 40 to 50 hours a week, amounting to revenue between $21,000 and $31,000 annually.

He says this works out to $10 to $12 an hour, while the minimum wage in Ontario is $14 an hour.

In its decision, the Supreme Court says the arbitration agreement is invalid, noting someone in Heller’s position could not be expected to appreciate the financial and legal implications of the arbitration clause.

“We agree with the Court of Appeal. This is an arbitration agreement that makes it impossible for one party to arbitrate,” said seven of the high court justices.

Another justice who sided with Heller went even further, saying the arbitration agreement with Uber effectively bars him from accessing a legally determined dispute resolution, imposing undue hardship on Heller and undermining the rule of law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Nakusp celebrates Canada Day with parade

Around 50 people from various business and organizations participated in parade

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

Selkirk College offering employees voluntary resignations

The college is canvassing employees for those who may want some time off or reduced work loads

Arrow Lakes Hospital completes $2.1 million renovation project

Two new hospital rooms, exam bays, triage area some of new amenities

Province releases report on Columbia River Treaty public feedback

Reservoir levels, fair compensation for impacted communities, among many issues raised

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

PHOTOS: Dual rallies take over Legislature lawn on Canada Day

Resist Canada 153 highlighted colonization and genocide, Unify the People called COVID a hoax

Gov. General honours Canadians for bravery, volunteer service

Five categories of winners presented on Canada Day

COVID-19: Should non-medical masks be mandatory in Canada?

New poll shows Canadians are divided on the rules around mandatory masks

‘A little bit scary for everybody’: Air passengers wary as new rules take effect

Masks or face coverings have been mandatory on flights since April 20

VIDEO: Prince William and Kate chat with B.C. hospital staff about COVID-19

Seven-minute video posted to Youtube on Canada Day

River centre says heavy rains could bring flooding to central, northeastern B.C.

Water levels are already unusually high and river banks can be extremely unstable

Most Read