The Supreme Court of Canada will be hearing a case to determine if customers and workers of Uber can file class-action lawsuits or if they have to address problems with private arbitrators.
Uber’s driver agreement states that workers have to use private arbitration as opposed to the public court system. This allows the cases to be confidential and be pursued individually.
This is a risk-management tactic that gives Uber the ability to manage its contracts with its drivers.
On November 6th, the Supreme Court will hear the case of David Heller. In 2017, Heller filed a proposed class action seeking to have Uber Eats delivery workers be considered employees of Uber as opposed to independent contractors.
Uber attempted to stop the case due to its arbitration clause. However, the Ontario Court of Appeal decided that it is up to a court to determine the validity of an arbitration agreement.
The case will have implications for the arbitration community in Canada. It will also address when a court should determine if a contract should be set aside if it is deemed unfair.
Source: The Globe and Mail