Court puts brakes on Uber bid to have drivers resolve work issues overseas
(The Star Toronto Raptors)

Ontario Uber drivers should not be forced to resolve employment issues through expensive arbitration in the Netherlands, the court of appeal has ruled, calling a provision to that effect in the company’s service agreement an “unfair bargain� for drivers.The ruling also means a lawsuit against the ride-sharing company can now seek certification to proceed as a class action.The proposed class-action launched in 2017 by Toronto-based Samfiru Tumarkin LLP argues Uber drivers are employees entitled to protection under the Employment Standards Act — not independent contractors as the company claims. Initially, the suit was stopped in its tracks because Uber successfully argued its agreements with individual drivers specify that disputes must be resolved through Dutch arbitration.The court of appeal of Ontario rejected that argument Wednesday, reviving the possibility of a class action against the company and addressing what lawyers called a “dangerous loophole� in the province’s worker protections.Lawyer Lior Samfiru said allowing employment issues to be resolved through foreign arbitration clauses would have constituted the “death of employment laws in this province.�“It deprives anyone from the ability to pursue their rights,� he told the Star.The decision from Justice Ian V.B. Nordheimer echoes that position.“The Arbitration Clause constitutes a contracting out of the (Employment Standards Act),� the ruling said. “It eliminates the right of the appellant (or any other driver) to make a complaint to the Ministry of Labour regarding the actions of Uber and their possible violation of the requirements of the ESA.�“I believe that it can be safely concluded that Uber chose this Arbitration Clause in order to favour itself and thus take advantage of its drivers, who are clearly vulnerable to the market strength of Uber,� Nordheimer’s decision adds.“It is a re ...