Canada: Uber appeals lower court decision that mandatory arbitration of labour disputes in Netherlands is "unconscionable"

Author: PressProgress (Canada), Published on: 4 November 2019

"Business Lobby Assisting Uber Appeal To Force Workers To File Complaints In Amsterdam, Critics Say", 2 Nov 2019

A policy in Uber workers’ contracts directing disputes to pricey arbitration in Amsterdam is being tested before the Supreme Court — critics say it denies workers real access to justice but Canada’s business lobby is seemingly intervening in its defence.

In 2017, a group of drivers filed a statement of claim alleging Uber miss-classified its workers, denying them minimum wage rights, union rights and many health protections.

Uber responded with a motion to stay the claim in favour of arbitration, as per an obscure clause in the workers' contracts.

That clause reads Uber operates under Dutch law. And, it mandates all disputes be settled by arbitration, in Amsterdam, rather than in courts...

The courts found this requirement unconscionable, for one, because the expected cost of bringing a dispute to Amsterdam is around $14,500. It was noted a likely-majority of Uber workers drivers make around $30,000 per year...

Uber did not respond to PressProgress’ request for comment.

But it did appeal that decision to the Supreme Court. 

And Canada’s leading business groups have volunteered to intervene.

According to the docket, The Canadian Federation of Independent Businesses, The Canadian Chamber of Commerce, the Montreal Economic Institute and others filed factums...


Read the full post here

Related companies: Uber