What does the Uber class-action lawsuit mean for drivers?

Interview Summary

The Ontario Superior Court recently certified a class-action lawsuit against Uber on behalf of Uber drivers. The lawsuit strives to prove drivers should be classified as employees, rather than independent contract workers. This certification is the next step forward in the class-action lawsuit launched by Samfiru Tumarkin LLP.

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP spoke to John Oakley on Global News Radio 640 Toronto to discuss the ongoing lawsuit and what it could mean for gig workers.

Interview Notes

Why did the Ontario Superior Court certify the Uber class-action lawsuit?

Samfiru Tumarkin LLP’s position has been that Uber exerts a lot of control over their drivers in various aspects despite the fact that they claim their drivers are not employees. The Superior Court decided that there are enough common issues between the drivers and that there is an arguable case that Uber drivers could be classified as employees.

LEARN MORE
Uber Class-action Lawsuit

How many drivers in Ontario are affected by the class-action lawsuit?

Approximately 370,000 drivers in Ontario are affected by this lawsuit. Some individuals are drivers and others are delivery drivers. It is difficult at this point to assess the calculated damages in this lawsuit.

How are individuals classified as employees rather than independent contractors?

There are numerous factors that determine whether or not an individual is an employee rather than an independent contractor.  The main factor in classifying an employee is the level of control an individual has, as a contractor typically controls most aspects of their job. Uber drivers have to follow many rules and suffer numerous penalties if certain rules aren’t followed.

What would be a positive outcome for Uber drivers in this lawsuit?

Uber drivers would be entitled to all of the rights employees have, such as minimum wage, statutory holiday pay, severance entitlements and more. Uber would also have the option of changing its model, which would allow drivers to have more control.

Has the Uber classification of drivers been challenged in other precincts?

This issue has been adjudicated in other courts in the United States as well as in Europe and in many cases, the drivers have been classified as employees. As class-actions typically have many steps, this lawsuit likely will be a long journey with hopefully a positive outcome.