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'Historic ruling' against rideshare company

Author
NZ Herald,
Publish Date
Tue, 25 Oct 2022, 3:36PM
Image / Getty Images
Image / Getty Images

'Historic ruling' against rideshare company

Author
NZ Herald,
Publish Date
Tue, 25 Oct 2022, 3:36PM

A handful of New Zealand Uber drivers have won what unions describe as an historic ruling against the multi-billion-dollar rideshare company.

The Employment Court has today found four current and former Uber drivers to be employees, not independent contractors.

The court said similar declarations of employment status had been advanced in other jurisdictions, with mixed results.

The case was brought jointly by FIRST Union and E tū which predicted it might have significant implications for other Uber drivers.

However, the court said the formal declaration was made in respect of the individual drivers in this case.

It did not have jurisdiction to make broader declarations of employment status to
include, for example, all Uber drivers, Chief Employment Court Judge Christina Inglis said.

"It follows that there is no immediate legal impact in relation to other Uber drivers.

"In other words, they do not, as a result of this judgment, instantly become employees."

NZCTU President Richard Wagstaff said everyone who worked for Uber, and similar gig economy companies, deserved to be treated as employees.

"These drivers deserve protection under New Zealand's employment law, including pay, guaranteed hours, leave, Kiwisaver contributions, and the right to unionise."

Wagstaff said the ruling came as unions waited for a response from the Government's Better Protections for Contractors workstream.

The court said that on a general level the Uber cases reflected a "testing of approach" to determining employment status, and the reaching of minimum employment entitlements, in light of fast-moving changes to how work was done.

More to come ...

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