Employment lawyer on Uber lawsuit certification

A class-action lawsuit against Uber was recently certified by the Ontario Superior Court by judge Paul Perell. The lawsuit seeks to classify Uber drivers as employees instead of independent contractors.

An Ottawa employment lawyer at Samfiru Tumarkin LLP, the firm leading the lawsuit against Uber, spoke with the National Post regarding the certification.

“The court is essentially acknowledging there is a case here, there is some basis in fact that Uber drivers have been misclassified as independent contractors when they’re really employees,” says the lawyer.

Belitzky notes that this is a step in the right direction for all drivers. “We’re one step closer to securing minimum protections and entitlements for these people. Things like minimum wage, overtime pay, holiday pay, access to [employment insurance] benefits, workers’ compensation — all of the things that employees in the entire province already have as a bare minimum right and protection,” the lawyer states.

Since the launch of the class-action lawsuit and appeal denial by the Supreme Court of Canada, Uber has tried to prevent drivers from participating in the lawsuit through a new agreement. “Uber is trying to illegally opt all these drivers out of class action before it even begins,” says the lawyer.

More information on the class-action lawsuit against Uber can be found here.