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

Nelson cyclist run over by truck

Driver ticketed for failing to yield right of way on left turn

Interior Health will not expand Police and Crisis Team

Southeast Division Chief Superintendent Brad Haugli asked IH to expand the program

Hwy 1 flooding causes massive delays on certain Arrow Lakes ferry routes

Motorists have been waiting around three hours to get on ferries

RDCK: spring flooding financial relief available

The provincial funds are for those affected by flooding in May and early June

Pamela Allain, Laura Gellatly join the Nelson Star

Allain oversees Black Press’s West Kootenay papers, while Gellatly is the Star’s new publisher

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Liberal party finished 2019 having spent $43 million, raised $42 million

All political parties had until midnight June 30 to submit their financial reports for last year

B.C. teacher loses licence after sexual relationships with two recently-graduated students

The teacher won’t be allowed to apply for a teaching certificate until 2035

White-throated sparrows have changed their tune, B.C. study unveils

Study marks an unprecedented development scientists say has caused them to sit up and take note

Alberta health minister orders review into response after noose found in hospital in 2016

A piece of rope tied into a noose was found taped to the door of an operating room at the Grande Prairie Hospital in 2016

B.C.’s major rivers surge, sparking flood warnings

A persistent low pressure system over Alberta has led to several days of heavy rain

Most Read