Australia: Union to take Uber to court after driver's appeal alleging unfair dismissal rejected because she was 'not an employee’

Author: Sharon Masige, Business Insider, Published on: 17 September 2019

"The Transport Workers Union is taking Uber to court over an unfair dismissal claim by a former Uber Eats driver", 16 September 2019

..the [Transport Workers Union] TWU is appealing a decision by the Fair Work Commission which rejected an unfair dismissal claim by sacked Uber Eats driver Amita Gupta...

...Gupta was a registered Uber Eats delivery driver who was assisted by her husband Santosh....Both...suffer from several disabilities, and delivery work was suggested by a health professional to aid recovery...

... Santosh Gupta said they were paid $19,000 over 18 months but had work expenses of $9,000...Santosh alleges that the pair at one point were paid $300 for 96 hours of logged work. And when Amita was 10 minutes late with a delivery, she was cut off from accessing the phone app entirely...

...Amita then lodged an unfair dismissal claim with the Fair Work Commission...

...On August 23, the Fair Work Commission rejected Amita’s claim as it said she was not considered an employee and thus was not protected from unfair dismissal. “Uber welcomed the Fair Work Commission’s decision on this matter,” an Uber spokesperson told Business Insider Australia. “It reflected what delivery partners tell us – that they value the freedom and flexibility the Uber app provides.”...

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Related companies: Uber