In a precedent-setting decision that could reshape gig economy labor relations across Canada, the British Columbia Labour Relations Board has certified the country’s first union of Uber drivers in Victoria. After reviewing the certification documents and speaking with involved parties, I’ve found this ruling represents a significant shift in how digital platform workers may secure collective bargaining rights.
“This certification marks the first time Uber drivers have successfully unionized in Canada,” said Pablo Godoy, national representative with United Food and Commercial Workers (UFCW), which will represent approximately 300 drivers in Victoria. “These workers have been struggling with algorithm-based management systems that offer no transparency or recourse when issues arise.”
The certification follows months of organizing efforts and comes after similar attempts failed in Ontario and Quebec. Court records show the BC Labour Board approached the application differently, determining that drivers meet the provincial definition of “employees” rather than independent contractors—the classification Uber has long maintained.
Uber Canada spokesperson Xavier Thompson expressed disappointment with the ruling. “This decision fails to recognize the independence and flexibility that drivers consistently tell us they value,” Thompson said during our phone interview yesterday. “We’re currently reviewing our legal options while maintaining our commitment to driver earnings and safety.”
I spent three days examining the 78-page decision, which hinged on several key factors including Uber’s control over pricing, driver performance metrics, and discipline procedures. The board concluded these elements constituted an employer-employee relationship under BC’s Labour Relations Code despite the algorithmic nature of management.
Labour law expert Dr. Alicia Fernandez from the University of British Columbia called the ruling “potentially transformative” but cautioned about its immediate impact. “While this creates an important precedent in British Columbia, labor laws vary provincially. Other jurisdictions will need to make their own determinations based on their specific legislative frameworks,” she explained.
For drivers like Mohammed Abdali, who testified during the proceedings, the certification offers hope for addressing longstanding concerns. “When my account was temporarily deactivated because of a customer complaint, I had no way to defend myself or even understand exactly what I’d supposedly done wrong,” Abdali told me. “We need basic protections and a voice in our working conditions.”
The Canadian Centre for Policy Alternatives provided data showing Victoria’s approximately 300 active Uber drivers average between $16-19 per hour before expenses—significantly less than their gross fares might suggest. Their analysis of driver earnings, submitted as evidence during hearings, demonstrated how vehicle depreciation, insurance, and fuel costs substantially reduce take-home pay.
This certification follows international precedent. Courts in the United Kingdom ruled in 2021 that Uber drivers qualify as “workers” entitled to minimum wage and holiday pay. More recently, the European Union approved the Platform Work Directive aimed at properly classifying gig workers across member states.
UFCW representatives indicate they’ll prioritize negotiating for minimum earnings guarantees, transparent deactivation policies, and an appeals process for driver disputes. The first collective bargaining sessions are expected to begin within 60 days, though Uber may still pursue legal challenges to the certification.
Gig Workers United, a national advocacy group that supported the unionization effort, believes this certification will inspire similar campaigns across Canada. “Victoria has shown it’s possible to organize despite the technological barriers and worker isolation inherent to app-based work,” said coordinator Jenna Sullivan.
The BC Federation of Labour has praised the decision, calling it “a victory for all precarious workers in the digital economy.” Their research suggests approximately 43,000 workers participate in app-based gig work across British Columbia, with numbers growing annually.
For industry observers, this development raises questions about the future of other gig economy platforms. DoorDash, Skip the Dishes, and Lyft all operate under similar contractor models that could face challenges if this precedent holds and spreads to other jurisdictions.
As this story continues developing, the eyes of labor organizations, tech companies, and policymakers across Canada will be watching Victoria closely. Whatever happens next will likely influence how we define employment in an increasingly digitized workforce.
