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We blogged about David Heller and his fight against Uber last May when leave to the Supreme Court of Canada was granted. You can catch up on the history and read that post here. If you’re a true nerd you can also watch footage of the arguments made in the Supreme Court here!  The Supreme Court’s decision has now been released.

A Brief History

Heller, a driver for UberEats, brought a class action suit against Uber in 2017 alleging that he was an employee under the Employment Standards Act, 2000 (“ESA”). Uber, in response to this suit, said that Heller could not sue in Ontario because of the arbitration clause in his contract with Uber. 

The Arbitration Clause

Putting aside the issue of whether Uber drivers are employees – entitled to things like public holiday pay, vacation pay, notice of termination etc. under the ESA – the suit became about the correct forum. Could Heller bring Uber to court in Ontario? Or did the arbitration clause in the contract with Uber apply?
Continue Reading UberEats Driver Fight Stays in Canada

Calling all federal sector employers! Significant amendments to the Canada Labour Code come into force on September 1, 2019. That’s this coming Sunday. 

Does this apply to you?

 Employers are often confused by the various workplace laws and requirements. It’s tricky to know which apply and not every law applies to every workplace. 

In Canada, …

In our connected age, work often creeps beyond the set hours of the workday. See my last post about legislating the right to disconnect for more on this. We often get questions from employers and employees about whether salaried workers should be getting paid for these extra hours and what exactly counts as “overtime.” Let’s …

The minimum wage that every Ontario employer must pay their employees has gone up from $11.25 to $11.40 per hour, effective October 1, 2016.  The Ontario Employment Standards Act sets out further details for specific categories of employees, such as students, liquor servers, hunting and fishing guides, and homeworkers.

For those workplaces that employ…