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I was curious what the legal status of mandatory arbitration clauses was in Canada and found this gem[1]: > The clause required Uber drivers to pay a large up-
by AlexandrB 5y ago
I was curious what the legal status of mandatory arbitration clauses was in Canada and found this gem[1]:
> The clause required Uber drivers to pay a large up-front administrative and legal filing fee of US$14,500, and to travel to the Netherlands to arbitrate their claims.
It's amazing Uber thought this would hold up to judicial scrutiny. It's basically a "you can't do anything if we screw you over" clause for most of the population. Good thing the Canadian courts agreed:
> The majority of the Supreme Court found that the arbitration clause was invalid under the doctrine of unconscionability as there was: (a) proof of unequal bargaining power between the parties; and (b) proof of an improvident bargain (i.e., gross unfairness).
[1] https://www.mondaq.com/canada/arbitration-dispute-resolution/1033172/mandatory-arbitration-clauses-are-no-longer-presumptively-enforceable https://www.mondaq.com/canada/arbitration-dispute-resolution...
- singhrac 5y agoThis is incredibly unethical and makes me disgusted. Uber engineers, please complain about this and ask for a review of the decisions that led to this policy, or you have no moral ground to stand on. Or, if there’s an explanation for this that I don’t understand, please explain.
- metadat 5y agoIME, part of what Uber filters for (via "cultural fit") is engineers who won't make a fuss about such things. There is too much money at stake! [to let an engineer have that much power]
- TrapLord_Rhodo 5y agouhhh... that theey are an engineeer and not a lawyer... Do you read your companies terms and conditions wholesale?
- stjohnswarts 5y agoThat's great and all but how does a unwashed mass like me come up with enough money and time to fight such a thing all the way to the Supreme Court (of any Country)