Aug. 13, 2021 "Ontario court certifies class action against Uber that could see some workers recognized as employees": Today I found this article by Tara Deschamps on CBC News:
Ontario's Superior Court of Justice has certified a class-action lawsuit against Uber Technologies Inc., which advances a fight to get some of the platform's Canadian couriers and drivers recognized as employees.
The class action, certified by Justin Paul Perell in a decision released late Thursday afternoon, stems from a court filing made by Samfiru Tumarkin LLP and Uber Eats courier David Heller in 2017.
The law firm and the Ontario man's class action argues that Uber couriers should be entitled to
minimum wage,
vacation pay
and other protections because they meet the definition of employees under Ontario's Employment Standards Act.
"Uber has complete control over these drivers,
when they work,
how they work,
what they get paid for the work that they do," said Samfiru Tumarkin lawyer Samara Belitzky, who works in the firm's Ottawa office.
"I could go on and on, but there are so many examples of how Uber has this control over these drivers, yet the drivers don't have the benefits and the protections that employees would normally have in situations, where the employer is in control."
Uber has long refused to recognize couriers and drivers using its platform as employees and instead likened them to independent contractors because they have the flexibility to drive or deliver as little or as much as they want.
The San Francisco-based technology giant has been fighting the Heller case since it was brought to court five years ago.
It succeeded in getting the case stayed in 2018 because it required all disputes it is involved in go through mediation in the Netherlands, where its business was once incorporated.
Uber's Canadian ride-hailing and food-delivery business has since shifted from being based in the Netherlands to Canada and in July started collecting sales tax that will be remitted to the government.
In 2019, the Ontario Court of Appeal reversed the stay Uber obtained, so the company took its arguments to the Supreme Court of Canada, where it lost later that year.
Class action could have far-reaching consequences
Thursday's certification allows the class action to proceed through Canadian courts again, though Uber could appeal the case again on other grounds.
"We'll review the ruling more closely in the coming days," the company said in a statement.
"We remain focused on creating a better future for app-based workers that provides the
flexibility and independence they want,
with the benefits and protections they deserve."
If the class action winds up with the drivers winning, Belitzky said it will be a "landmark decision."
"There's nothing like it in Canada. It will be a first for Canada for sure," she said.
"It will change the landscape of employment because a lot of these companies, including Uber, up until now have been able to get away with misclassifying their drivers, and so they essentially reap all the benefits now."
Uber skirting Canadian labour law, critics say
Uber has been pushing a labour model called Flexible Work+ in Canada in recent months.
The model it is proposing to provinces requires app-based gig employers to accrue self-directed benefit funds that can be dispersed to drivers for prescriptions, dental and vision care and provide safety training and tools such as reflective vests.
Uber says it is pursuing the model because an October survey of more than 600 Uber couriers and drivers in Canada showed 65 per cent favoured Flexible Work+. Roughly 16 per cent still like the current independent contractor model and 18 per cent wanted to be classified as employees with benefits.
However, many gig workers, labour groups and employment lawyers are fighting the proposal because they say it allows Uber to keep treating couriers and drivers unfairly and keeps them in a state of precarity.
Canadian Labour Congress president Bea Bruske hailed the court ruling and said all workers should have workplace protections and benefits.
"For far too long, Uber has dictated the terms of workers' employment but hasn't been accountable for providing a minimum wage and vacation pay," she said in a release.
"Labour law — is the law — and it applies to all companies. Canada's unions support the decision to certify this class action and invite Uber drivers from coast-to-coast to unionize and collectively bargain their rights."
Feb. 14, 2022 "Uber Eats launches new services, changes price structure for deliveries": Today I found this article on BNN Bloomberg:
TORONTO -- Uber Technologies Inc. says it's launching three new offerings for its Uber Eats services that charge restaurants lower commissions than the company has previously.
The first of the offerings allows restaurants paying a 2.9 per cent commission to accept orders directly from their websites or social media accounts and have them fulfilled with delivery people on the Uber Eats platform.
The second offering lets diners browse, order, and pay for food on Uber Eats that they will eat at the restaurant, which is charged a three per cent commission.
The final offering introduces a pricing structure for deliveries, which carry commissions starting at 20 per cent.
The lowest tier of the pricing structure helps restaurants process and fulfil orders but charges customers standard delivery fees, while higher tiers slash those fees paid by diners and give restaurants more visibility on the Uber Eats app.
Restaurants have long complained Uber's 30 per cent commission for deliveries is too high and some were still disappointed when the company temporarily reduced its commission to 15 per cent for restaurants using their own delivery people during the height of the COVID-19 pandemic.
Uber Eats launches new services, changes price structure for deliveries - BNN Bloomberg
Dec. 7, 2022 My opinion: These articles remind me of this comment below. The first article is to show that the company Uber needs to treat their employees fairly and equally.
The second article is to show that Uber needs to treat the restaurants they work with fairly and equally.
"#MeToo movement becomes #WeToo in in victim-blaming Japan"/ "Outrage as women in Japan told not wear glasses in the workplace"
Aug. 17, 2020 Saying: I found this on Facebook:
"You never look good when you are trying to make someone else look bad."- Unknown
Cham: Sometimes people need to be exposed for who they are hahah or maybe I should stop being petty
Tracy Au: There's a difference between trying to make someone look bad, and exposing them for who they are. It's like those #MeToo accusers and victims, they are plainly telling everybody about the perpetrators. They're not trying to make them look bad.
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