In an 8-to-1 decision, the Supreme Court has ruled Uber drivers can have labour issues resolved through Ontario courts, that could see considered employees within the provincial Employment Standards Act.
With the ruling the country’s highest court has cleared the way for a proposed $400-million class action suit against Uber.
The one behind it, David Heller, who no longer workers for Uber, but started legal action three years ago to force the company to recognize its drivers as employees rather than independent contractors.
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.
With today’s decision, the Supreme Court says the arbitration agreement between Heller and Uber, effectively prevents him from accessing a legally determined dispute resolution, imposing undue hardship on Heller and undermining the rule of law.