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

Interior Health will not expand Police and Crisis Team

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

Haze over Okanagan and Shuswap skies may have drifted from Siberia

Few active wildifres so far this summer in B.C.

Guerrilla Gigs replacing Streetfest this summer in Revelstoke

Buy one of 30 tickets the Sunday before the Wednesday show

UPDATE: Trans-Canada Highway open to single-lane traffic west of Revelstoke due to flooding

The highway between Revelstoke and Golden is also open again

Mt. Revelstoke summit and back country closed to dogs permanently

Dogs allowed on-leash only in some other areas

13 new B.C. COVID-19 cases, Langley Lodge outbreak ends

Health care outbreaks down to four, 162 cases active

Bench plaque recognizes former Summerland firefighter

Volunteers with fire department set up plaque in honour of Richard Estabrooks

Okanagan Realtors donate big to North Westside fire department

Two Kelowna-area Realtors made a generous donation to the North Westside Fire… Continue reading

SilverStar security recovers stolen bike

Reminders to residents to keep bicycles locked up, eyes open for suspicious activity

‘Justice for Mona’ protests planned in Kelowna, Lower Mainland

Security camera footage shows Mona Wang being dragged, stepped on during RCMP wellness check

Orphaned Okanagan beavers admitted to rehab centre

The two beavers are in the care of the Fawcett Family Wildlife Health Centre

Intent of killing at centre of Surrey man’s Okanagan murder trial

B.C. Supreme Court Justice Allison Beames is anticipated to return with her decision in August

Kelowna neighbourhood pond dries up again

The RDCO filled up the pond on Hall Road but it’s drying up again

Most Read