Heller and the law firm argued in their filing that Uber couriers meet the definition of employees under Ontario’s Employment Standards Act, and should be entitled to minimum wage, vacation pay and other protections.
San Francisco-based Uber has long argued drivers and couriers are independent contractors rather than employees, because they have the freedom to use the app as often as they want and to work for other apps or companies. Pablo Godoy, national coordinator of gig and platform-employer initiatives at UFCW Canada, which applied to certify a union for Uber Black limo drivers 18 months ago, said the union was pleased with the decision. “We hope it gives way to bigger decision that could be transformative in labour relations in Ontario, and allow gig workers access to minimum standards,” he said.