Heller v. Uber Technologies Inc.

2022 ONSC 1998 (CanLII)Decided Class action - Employment

Heller v. Uber: Class Action on Employment Misclassification

Summary

This is an interlocutory proceeding concerning the certification of a class action against Uber Technologies Inc. regarding the misclassification of employment status. The court addressed disputes over the content and distribution of the class notice, including the use of app notifications and specific language clarifying the implications of opting in or out, to ensure informed decision-making by class members. The court also exercised its discretion to apportion the costs of the notice plan between the plaintiffs and defendants.

Outcome

Court approved additional notice language and apportioned costs 33:67 (plaintiffs:defendants)

Award

Costs of the Notice Plan apportioned 33:67 between plaintiffs and defendants

Key Factors

  • misclassification of employment status
  • class action certification
  • notice plan content
  • costs apportionment
  • independent contractor vs employee

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.