Uber class-action lawsuit certification next step for drivers

The Uber class-action lawsuit was recently certified by the Ontario Superior Court. This is the latest step in the process to classify Uber drivers as employees and not independent contractors.

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP acting for the plaintiff David Heller in the lawsuit spoke with the Law Times to comment on the certification.

Samfiru explains that there is a commonality among all Uber drivers and the issues they face. “Though drivers use the Uber app differently – some drive full time, some part-time and all without a set schedule – the court found they can be grouped together to define a collective employment relationship with Uber,” Samfiru says.

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Employee vs. Independent Contractor

This lawsuit could influence other employees working in the gig economy. “Given the fact that the gig economy is probably one of the fastest-growing sectors that we have, I think that what happens here is going to be extremely important for lawyers, for workers for the general public, even for the government,” says Samfiru.

So what is the Uber class-action ultimately about?

“The main argument has to do with the control that Uber exerts over these drivers,” states Samfiru, “Uber has long policies – pages and pages of policies – that govern how these drivers work.” Uber, like a regular employer, dictates the terms of the employment relationship. “There’s really nothing that a driver can decide for their own, other than when they’re going to work. Uber exerts full control and they insist on that control, and you can’t drive for Uber unless you agree to abide by all their terms and policies,” Samfiru explains.

This certification is the latest in a years-long process for the class-action lawsuit.  Samfiru says there is still a long way to go. “It is still important to note that despite this certification decision, there’s still a long way to go before this matter is resolved one way or another. There may well be appeals of the certification decision. And when that is all said and done, then we get to deal with the actual merits of the case, which is going to take a very long time… But it’s certainly a step in the right direction.”