Ontario’s Employment Standards Act

An update from our neighbors to the north (with thanks to Chris Burkett, partner in our Toronto office):

In January, the Ontario Court of Appeal (in Canada) overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration clause requiring arbitration in the Netherlands of disputes between drivers and Uber to be invalid and unenforceable. Based on the presumption that Uber drivers are employees of Uber, the Court of Appeal found that the arbitration clause was a prohibited contracting out of Ontario’s Employment Standards Act, 2000 (ESA). Continue Reading Canadian Court Invalidates Arbitration Clause Requiring Arbitration In Foreign Jurisdiction