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hawk39

Hero Member
Mar 26, 2017
688
282
You need to see relevant case laws. It is not about twisting. One can ask for relevant experience but not for Canadian Experience. Asking for Canadian Experience is also a discrimination. And if by laws are designed in such fashion should also be challenged because it is systemic discrimination.
The 'case law' you linked said the rule was discriminatory against refugees, not on the grounds of national or ethnic origins. It basically says that since non-refugees were able to bypass the one year requirement, the same standard should be applied to refugees.

The link from the OHRC only applies in Ontario. They brought a policy to ban the Canadian experience employment requirement in 2013 titled "Policy on Removing the 'Canadian Experience' Barrier", however, there is nothing in it that says that it has been implemented. It seems that it has been implemented, but the employer can be exempted from it if they can prove that Canadian experience is necessary, and it is only applied in Ontario. You should be working with the human rights commission in Nova Scotia. Otherwise, maybe you should consider moving to Ontario.

As others have already pointed out, the requirement by Uber is applied to Canadians as well, so it is not discriminatory. It may seem unfair to newcomers, but as of now, Canadian experience can still be used as a requirement, even in Ontario in a more limited fashion.

https://www.monster.ca/career-advice/article/canadian-experience-ca
https://www.shrm.org/ResourcesAndTools/hr-topics/global-hr/Pages/Canadian-Work-Experience.aspx
http://www.beyondcanadianexperience.com/sites/default/files/csw-sakamoto.pdf
 
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gir_8

Full Member
Nov 23, 2014
33
4
The 'case law' you linked said the rule was discriminatory against refugees, not on the grounds of national or ethnic origins. It basically says that since non-refugees were able to bypass the one year requirement, the same standard should be applied to refugees.

The link from the OHRC only applies in Ontario. They brought a policy to ban the Canadian experience employment requirement in 2013 titled "Policy on Removing the 'Canadian Experience' Barrier", however, there is nothing in it that says that it has been implemented. It seems that it has been implemented, but the employer can be exempted from it if they can prove that Canadian experience is necessary, and it is only applied in Ontario. You should be working with the human rights commission in Nova Scotia. Otherwise, maybe you should consider moving to Ontario.

As others have already pointed out, the requirement by Uber is applied to Canadians as well, so it is not discriminatory. It may seem unfair to newcomers, but as of now, Canadian experience can still be used as a requirement, even in Ontario in a more limited fashion.

https://www.monster.ca/career-advice/article/canadian-experience-ca
https://www.shrm.org/ResourcesAndTools/hr-topics/global-hr/Pages/Canadian-Work-Experience.aspx
http://www.beyondcanadianexperience.com/sites/default/files/csw-sakamoto.pdf
- The case law is not specific to Uber but in legal proceedings, such ratios are relevant and considered valid wherein the newcomers or refugees are denied employment due to delay in licensing, they are otherwise qualified to do the job. If Uber is asking local experience, it's a clear case of discrimination.

- I have approached NS Human Rights Commission, Ontario Licensing and HRM who designed by-laws for Uber. So far, I have got positive response from Ontario and HRM licensing that the three years driving experience is total - inclusive of international driving experience. From the Ontario message, I could understand that they do include international experience in the extract they issue to Drivers/ Uber.

NSHRC sought certain documents which I provided and it is progressing. Good thing so far- international driving experience is valid. Hopefully, either Uber would have to accept it OR NS authority to consider revising the driving extract inclusive of international experience.

I will share the updates as I receive.
 

sn1ker

Newbie
Jan 14, 2021
2
2
- The case law is not specific to Uber but in legal proceedings, such ratios are relevant and considered valid wherein the newcomers or refugees are denied employment due to delay in licensing, they are otherwise qualified to do the job. If Uber is asking local experience, it's a clear case of discrimination.

- I have approached NS Human Rights Commission, Ontario Licensing and HRM who designed by-laws for Uber. So far, I have got positive response from Ontario and HRM licensing that the three years driving experience is total - inclusive of international driving experience. From the Ontario message, I could understand that they do include international experience in the extract they issue to Drivers/ Uber.

NSHRC sought certain documents which I provided and it is progressing. Good thing so far- international driving experience is valid. Hopefully, either Uber would have to accept it OR NS authority to consider revising the driving extract inclusive of international experience.

I will share the updates as I receive.
Hey man no offence but I think you've worked up yourself too much considering that it is only an uber driver position. You should spend that same amount of energy looking for another job.
 

gir_8

Full Member
Nov 23, 2014
33
4
Hey man no offence but I think you've worked up yourself too much considering that it is only an uber driver position. You should spend that same amount of energy looking for another job.
True, Bro.!! I am doing my job..!

I am a regulatory person (not lawyer) dealing with cases/ petitions. And this would only help me in sharpening my skills, apart from helping other PRs.
 

Medaan

Newbie
Apr 29, 2023
2
0
Hello every one

I'm living in Alberta, I have a Class-5 license of driving, but due to the pandemic I couldn't do driving test at that time was cansled so I had no any record about my driving in Canada. My question is that can I apply for Uber delivery job???.
With the best my regard