Employment Court to decide if Uber drivers and deliverers are employees
Monday, 13 June 2022
A group of Uber drivers and deliverers are asking to be called employees to access the rights that most New Zealand workers take for granted – like bereavement leave and holidays.
The drivers - through unions E Tū and First Union - are asking the Employment Court for a declaration that says they are employees in a two-week-long hearing before Chief Employment Court judge Christina Inglis.
The unions’ lawyer, Peter Cranney, began his opening by outlining the laws that applied, including the Employment Relations Act, Holidays Act, Pay Equity Act, Wages Protection Act and the Minimum Wages Act among others.
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“In short the statutes listed impose obligations on employers, about decent work conditions and human dignity and are a part of the fabric of New Zealand society,” he said.
Of importance was things like the right not to be dismissed without justification and the rights not to be sexually harassed, not to be discriminated organising and joining unions and rights to collectively bargain.
Cranney said the issue was whether Uber drivers were entitled to the employment rights
“The court’s asked to determine the real nature of the relationship between the drivers and Uber.”
Cranney said Uber denied any employment relationship, calling itself a technology company rather than a transport company.
“Uber claims it is only the booking agent.”
Cranney outlined the level of control Uber had over drivers that had been part of numerous court cases overseas about the same issue.