The case stems from a $200-million class-action lawsuit Ontario Uber Eats driver David Heller tried to launch in 2017. Heller was hoping to force the San Francisco-based tech giant to recognize drivers as employees and provide them with a minimum wage, vacation pay and other protections under the Employment Standards Act.
The matter headed to the Supreme Court in November after Uber challenged an Ontario Court of Appeal decision that found the company's policies around forced arbitration were "unconscionable" and "unenforceable." The companies often specialize in on-demand services such as ride-hailing and food delivery, and they argue that the flexibility they offer negates the need to offer protections to workers."An increasing number of people are working in gig economy type positions and it is becoming also increasingly obvious that they lack some very basic protection, but globally nobody has figured out exactly what to do about it and everyone is looking for precedents," she said.
In May, Berlin-based Delivery Hero SE shut down the app in Canada, saying "we've been unable to get to a position which would allow us to continue to operate without having to continually absorb losses."
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