Arbitration Clause Illegal & Unconscionable: Uber Drivers Taken For A Ride

On January 2, the Court of Appeal for Ontario released its first decision of 2019: Heller v. Uber Technologies Inc. et al. While the new year is just getting started, this decision is likely to be one of the most significant from an employment law perspective. Its implications are far-reaching and raise novel compliance challenges for Ontario employers that contract to resolve workplace disputes by way of private arbitration.  

The Proposed Uber Class Action

Mr. Heller, the representative plaintiff, brought a proposed class action on behalf of Uber drivers, alleging that he and his fellow putative class members are employees and thus entitled to receive the rights and protections set out in the Employment Standards Act, 2000 ("ESA").