Uber claims it has no drivers or deliverers as employees

Monday, 20 June 2022

Uber is not the employer of drivers it has told a judge determining if those who take passengers or deliver food are employees.

Uber had never employed anyone to drive passengers or deliver food, an Employment Court judge has heard.

Chief Employment Court judge Christina Inglis is hearing the complicated case in Wellington to determine if there is an employment relationship between the companies that make up Uber and drivers.

The case has been argued in foreign courts several times already with mixed results.

The drivers - through unions E Tū and First Union - are asking the Employment Court for a declaration that says they are employees and would have the same rights as other employees like bereavement and holiday leave and pay equity.

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But lawyer for the companies Gillian Service told the judge on Monday, that Uber was a technology business that provided, supported and maintained the digital platforms.

She said Uber never employed the four who had given evidence in the case at all in that time they were working.

Service likened Uber to other platforms such as TradeMe and Ola - which provided a marketplace only.

She said there were low barriers to entry to the marketplace for drivers, delivery partners and restaurant partners to earn income which they could do whenever and wherever they want

Service said there was a degree of control, which was beneficial to both sides.

The hearing is expected to finish this week.