Employment Law

The next step in Uber class-action lawsuit

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Ontario’s Superior Court of Justice recently certified the Uber class-action lawsuit. This is the latest step in an ongoing battle to classify Uber drivers in Canada as employees rather than independent contractors.

A Toronto employment lawyer joined Rita Smith with Road Warrior News to comment on the status of the case launched by the firm Samfiru Tumarkin LLP on behalf of Uber drivers.

“Certification of the case is a great success, but don’t forget this suit was launched in 2017,” says Belitzky, “It has already taken four years to get to where we are today.” Belitzky suspects that the decision will likely be appealed by Uber.

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Uber Class-action Lawsuit

“If Uber appeals, we will have to argue that appeal first. Then, if we are successful, we will get to move on to a hearing of the actual Uber vs. Heller case. It could take two or three years before we finally have a resolution,” says the lawyer.

Belitzky goes on to state the importance of this lawsuit for all gig-economy workers. “The challenge by Heller changes the landscape for the gig economy but also for any employer who wants to include language like that in an employment agreement or service agreement. You know, the court was very clear: you can’t do it (force employees to spend more than their wages travelling to another nation to sue). It’s unconscionable,” the lawyer stated.

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