Alberta court certifies class action alleging Uber workers are employees

The Uber logo is pictured on their Toronto office on Wednesday, Feb. 14 2024. THE CANADIAN PRESS/Arlyn McAdorey

A pair of law firms say an Alberta court has certified a class action alleging Uber Technologies Inc. has so much control over drivers and couriers in the province that it constitutes employment.

McKenzie Lake Lawyers LLP and Duboff Edwards Schachter Law Corp. say the ride-hailing giant has misclassified the employment status of Alberta drivers and delivery people.

They say the misclassification has deprived workers of protections and benefits under employment standards legislation like minimum wage, overtime, vacation and holiday pay.

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The allegations have yet to be proven in the Alberta Court of Kings Bench, where the class action was filed.

Uber classifies its drivers and couriers as independent contractors because they can choose when, where and how often they work, but in exchange, they have no job security or access to many benefits that are typical of employment.

"We believe we can make app-based work better for drivers and delivery people. That’s why for the last two years, Uber and UFCW Canada, Canada’s largest private sector union, have been providing over 140,000 drivers and delivery people on the Uber platform with strong representation and advocating for government reforms to provide drivers and delivery people new benefits while preserving the flexibility of their work," Uber Canada spokesperson Keerthana Rang said in a statement.

This report by The Canadian Press was first published Aug. 2, 2024.