{"id":19412,"date":"2020-08-31T15:30:53","date_gmt":"2020-08-31T19:30:53","guid":{"rendered":"https:\/\/www.benefitscanada.com\/news\/new-uber-contract-could-have-chilling-effect-on-class-action-says-lawyer-149446"},"modified":"2020-08-31T15:30:53","modified_gmt":"2020-08-31T19:30:53","slug":"new-uber-contract-could-have-chilling-effect-on-class-action-says-lawyer","status":"publish","type":"post","link":"https:\/\/blog.lifeinsurance-orleans.ca\/index.php\/2020\/08\/31\/new-uber-contract-could-have-chilling-effect-on-class-action-says-lawyer\/","title":{"rendered":"New Uber contract could have chilling effect on class action, says lawyer"},"content":{"rendered":"
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Tara Deschamps, The Canadian Press<\/span> | August 31, 2020 <\/p>\n

Uber Technologies Inc. is trying to keep its Canadian drivers from joining or starting class-action lawsuits against the company \u2014 a move that threatens to upend a $400-million fight from drivers wanting to be recognized as employees, says a lawyer.<\/p>\n

Employment lawyer Lior Samfiru, who is pursuing the case, said drivers using the platform were asked to sign new contracts days ago that asked them to agree not to pursue class or collective action. Uber, instead, wants drivers to agree to settle their issues with the company through arbitration or on an individual basis, he said.<\/p>\n

\u201cThe drivers get locked out of the Uber app, unless they accept this new agreement. For a driver that is trying to earn a living wage, especially during these difficult times, what are the chances that someone is actually going to read this in detail, understand what it means, understand the options and make an informed decision?\u201d<\/p>\n

Read: Uber Black drivers fight for unionization at labour board hearing<\/a><\/strong><\/p>\n

In a statement to The Canadian Press, Uber said \u201cwith the updated arbitration clause, dispute resolution is now more accessible to drivers, bringing Uber Canada in line with other jurisdictions.\u201d<\/p>\n

However, Samfiru worries the contract could have a chilling effect on the class action he started in 2017 with Ontario Uber Eats driver David Heller. Heller was hoping to force the San Francisco-based tech giant to recognize drivers as employees and provide them with a minimum wage, vacation pay and other protections under the Employment Standards Act.<\/p>\n

Uber fought the case and managed to have it stayed because the company required all disputes it\u2019s involved in go through mediation in the Netherlands, where it\u2019s incorporated. However, Uber said it recently amended its dispute resolution protocols to allow arbitration to occur in the province or territory where a driver resides and ensure drivers will pay no more to start arbitration than the filing fee to file a lawsuit in court.<\/p>\n

Read: Uber Toronto drivers unionizing for minimum wage, sick and vacation days<\/a><\/strong><\/p>\n

Samfiru said mediation costs US$14,500, but Heller was only making between $400 and $600 a week for up to 50 hours of work. That amounted to $20,800 to $31,200 a year before taxes and expenses.<\/p>\n

The case made its way to the Supreme Court of Canada, which sided with the drivers<\/a> and paved the way for them to fight to be recognized as employees. Samfiru\u2019s lawsuit seeks $200 million in compensation and $200 million in punitive damages on behalf of the tens of thousands of Ontario residents who have driven for the ride-sharing service since 2012.<\/p>\n

If drivers sign Uber\u2019s contract, they\u2019ll have to stay out of his class action unless they read some of the contract\u2019s fine print and email the company at an address he said was provided to opt out of the clause.<\/p>\n

\u201cI think [Uber] is counting on the fact that most are not going to do that, they\u2019re not going to understand that, they\u2019re not even going to read it,\u201d said Samfiru. \u201cThey will then have potentially thousands of drivers across the province and beyond who will then be prevented from participating in a class action.\u201d<\/p>\n

Read: Supreme Court sides with Uber driver seeking better pay, benefits<\/a><\/strong><\/p>\n

Read the full article at BenefitsCanada.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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