Employment Law

New Uber contract could have chilling effect on class action


In an attempt to halt and potentially damage the ongoing Class Action Lawsuit, Uber has put forth a new contract for drivers to sign upon accessing the app. Toronto employment lawyer Lior Samfiru, a co-counsel in the Class Action at Samfiru Tumarkin LLP, joined Kelly Cutrara on 640 Toronto to discuss the possible consequences to Uber’s new agreement.

What They Discussed

  • The Supreme Court of Canada ruled against Uber’s appeal to have arbitration take place in the Netherlands.
  • How is Uber trying to force their drivers to give up their rights? Uber drivers have been receiving messages on their app stating unless you accept this new contract you will be locked out of this app and cannot drive for Uber. Part of the new contract states the drivers cannot partake in the Class Action.
  • When did these new contracts come to your attention? There has been an influx of emails from drivers worried they have to sign this contract because they must continue working. Unfortunately, most drivers have not noticed the significance of the new contract.
  • Is there anything that can be done about the new contract for the drivers who have signed it? While it is understandable that many drivers had to sign it to keep working, it is important to get the word out that once signed there is an opt-out option from thirty days of accepting.
  • If signed initially, can you opt-out at a later point? Drivers will have up to 30 days after they initially signed to opt-out. If driving for both Uber and Uber eats, those are separate contracts, and will each have to be opted out of.
  • Is the Uber Class Action going to go ahead? Yes despite these contracts the Class Action is going to proceed.
  • How would the compensation be divided between the Uber drivers who decide to stay with the Class Action? Essentially, if successful, per driver Uber will have to pay out a certain amount of money. It depends on the number of people involved in the Class Action.
  • What do Uber drivers need to know? If you have already accepted this new contract, read through it again, and if you want to participate in the Class Action please send the opt-out to the email mentioned.

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