Page 32 - drive a2b july 2020 web

OVERSEAS
news

Canada top

court clears
way for Uber

Antwerp scraps drivers class

taxi laws to action

encourage Canada's top court found that Uber's

Uber's arrival costly arbitration process to settle
disputes is "unconscionable and
therefore invalid".
by Maïthé Chini
The Supreme Court of Canada cleared
the way for a CAN$400 million (AUS$425
Uber will be allowed to operate in Antwerp from now on, as the million) class action lawsuit to force Uber
city council has scrapped the city’s existing taxi regulations. to recognise drivers as employees, while
In Belgium, Uber mainly operates in and around Brussels. ruling its arbitration scheme void.
However, by deregulating taxi services in Antwerp, more "Respect for arbitration is based on
competition will become possible, which should benefit its being a cost-effective and efficient
mobility.
method of resolving disputes," Chief
Last month, the city decided to abolish the limit on the Justice Richard Wagner wrote in the
maximum number of taxis in Antwerp, and gave taxi companies decision.
the power to set their own prices.
"When arbitration is realistically
The decision is a consequence of the new Flemish taxi decree, unattainable, it amounts to no dispute
according to Antwerp alderman for Mobility Koen Kennis, which resolution mechanism at all."
was meant to modernise taxi services in Flanders.
The case involved David Heller, a delivery
Uber would be welcome to start operating in several Flemish driver for UberEats who sought in 2017
central cities, according to Kennis. “But, and this is very to launch a class-action to force Uber to
important: no cowboy tricks to undercut the competition,” he recognise its drivers as employees rather
told De Morgen.
than independent contractors.
“Antwerp is rolling out the red carpet for international platforms.
They take advantage of this [measure] to set their prices so low He was opposed to a new Uber
that everyone else is pushed off the market. Then, they set a compensation package, and wanted for
high price themselves,” Koen Van Oorschot of the professional drivers a minimum wage, vacation pay
association of Antwerp taxi companies told VRT. and other protections under Canadian
labour laws.
“The sector seems to be stuck in the past. Everything will
probably have to become a bit more digital and flexible. Uber, seeking to quash the litigation,
Additionally, everyone will still have to comply with social insisted that his grievances must be dealt
legislation,” Kennis added. with through arbitration.

It cited a contract clause requiring
32 DRIVE A2B magazine · www.drivea2b.com.au · July 2020