Uber Class Action Lawsuit Overview:
- Who: A class action lawsuit filed against Uber by couriers and drivers for the rideshare company has been certified by a judge in Ontario.
- Why: The plaintiffs are fighting to get Canadian uber couriers and drivers recognized as employees, thus entitling them to minimum wage protections, vacation pay and more.
- Where: The lawsuit is being heard in the Ontario Superior Court of Justice.
A class action fight to get Uber couriers minimum wage, vacation pay and other employee protections has been given the green light to move forward to the next stage.
Ontario’s Superior Court of Justice Judge Justin Paul Perell released his decision to certify the class action lawsuit against Uber Technologies Inc. on Thursday, The Canadian Press reports.
The class action is fighting to get Canadian Uber couriers and drivers recognized as employees.
The class action lawsuit against the company was first filed by Uber Eats courier David Heller and law firm Samfiru Tumarkin LLP in 2017.
Heller launched the Uber driver class action lawsuit after he received a message on his cellphone asking him to accept changes to how he is compensated. He allegedly agreed to the changes because he was out on a delivery, and risked not getting paid if he had declined.
However, he and his lawyers argue that Uber couriers meet the definition of “employees” under the Ontario Employment Standards Act, so should get employee benefits. Those benefits would include getting paid a minimum wage, getting vacation pay, and other protections employees are afforded.
“Uber has complete control over these drivers, when they work, how they work, what they get paid for the work that they do,” Samfiru Tumarkin lawyer Samara Belitzky told The Canadian Press.
“I could go on and on, but there are so many examples of how Uber has this control over these drivers, yet the drivers don’t have the benefits and the protections that employees would normally have in situations where the employer is in control.”
Uber claims that couriers and drivers aren’t employees, but rather are independent contractors. It says the workers can choose to drive or deliver as much or as little as they want.
Uber has long refused to recognize couriers and drivers using its platform as employees and instead likened them to independent contractors because they have the flexibility to drive or deliver as little or as much as they want.
Thursday’s certification allows the class action to proceed through Canadian courts.
“We’ll review the ruling more closely in the coming days,” Uber said in a statement to The Canadian Press.
“We remain focused on creating a better future for app-based workers that provides the flexibility and independence they want, with the benefits and protections they deserve.”
However, in September last year, Uber appeared to be working to keep its Canadian drivers from entering or launching more class action lawsuits against it.
Uber was reportedly demanding its drivers to settle problems out of courts by requiring them to sign a new contract to continue using its app.
What do you think of this class action lawsuit against Uber? Let us know in the comments!
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