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

Just Posted

Cowichan Valley residents can help mark World Alzheimer’s Month

Two-part online discussion series called “Demystifying advocacy” on Sept. 28 and 29

Island Corridor launches survey to determine importance of Vancouver Island rail line

“ICF remains 100 per cent committed to the restoration of full rail service on Vancouver Island”

Who’s running in Cowichan?

A list of Cowichan candidates for the upcoming provincial election

Cowichan Aquatic Centre will reopen on Oct. 13

But facility will only be open on a limited basis for time being

BC Liberal Leader talks drug addiction in the Lower Mainland

Drug addiction and public safety a top priority says Andrew Wilkinson

Island RCMP remind drivers not to text after 19 tickets handed out in 90 minutes

The $368 fines were handed out Tuesday on Norwell Drive and Old Island Highway in Nanaimo

Vanderhoof’s Brian Frenkel takes on top job in tough times

We can get through this, new local government leader says

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Three years for serial bank robber who hit southern Vancouver Island branch

Lucas Bradwell was wanted for robberies in Abbotsford, Sidney and Vancouver

Local councils important, Horgan says as municipal conference ends

B.C. NDP leader says ‘speed dating’ vital, online or in person

Penticton woman sentenced to one year in prison for manslaughter of teen boyfriend

Kiera Bourque, 24, was sentenced for manslaughter in the 2017 death of Penticton’s Devon Blackmore

B.C. Green leader says NDP abandoning environmental plan

Horgan’s claim of unstable government false, Furstenau says

Most Read