Courier drivers could be next after Uber employment ruling

Tuesday, 18 November 2025

Couriers, including those who have worked for state-owned enterprise NZ Post, could be among the next group of “gig economy” workers to retrospectively claim employee benefits following a landmark court ruling, says Workers First Union deputy secretary Anita Rosentreter.

On Monday, the Supreme Court upheld earlier court judgments by unanimously ruling that four Uber drivers were employees, entitling them to benefits such as sick leave, holiday pay and the minimum pay, in a test case BusinessNZ chief executive Katherine Rich said could “collapse the gig economy” if left as the status quo.

Finance Minister Nicola Willis told The Post she hadn’t yet received any advice on whether the ruling could have financial implications for the Government.

“Lawyers and advisers will need to take time to read and consider the judgment and advise us on implications.”

She confirmed a proposed law change the Government was progressing that could prevent many gig economy workers claiming employee benefits in future would not apply retrospectively, meaning it could not affect the employment status of workers, as determined by the courts, prior to the date it took effect.

“There's a very high bar for retrospective legislation,” she said.

Rosentreter said more than 1000 other Uber drivers had already lodged claims with the Employment Relations Authority that could now proceed, following the court ruling.

She forecast the implications of the ruling would then ripple out to other workers, starting with perhaps another 15,000 people who had driven for Uber over the past six years.

“Nothing is ‘automatic’ in the sense that the judgment comes out and everyone starts behaving differently,” Rosentreter said.

“The four drivers, it applies to them, that’s inescapable.”

It was fair to say other Uber drivers would be covered by the ruling as its drivers were working under a uniform system, she said.

“The next layer out are other ride-share companies that have replicated Uber’s model.

“From there, you’ve got other companies that operate in a similar way, but might be in different areas of the economy.”

The Supreme Court ruling had confirmed people weren’t necessarily contractors just because they had flexibility and could work for competitors, she noted.

CourierPost drivers who had worked for NZ Post could be one of the next cabs off the rank, she said.

“I believe those drivers would be successful.

“They have mounted several different legal challenges over the years, and pretty much all of them have been shut down by the company; the company has paid out the workers to drop their claims, and to me that signals that the company knows that if it did go to court they would probably lose.”

E tū national secretary Rachel Mackintosh also said she was “aware of claims that didn’t end up proceeding”.

NZ Post had no comment on that, but said it was aware of the Supreme Court ruling.

“The nature of contracts and individual circumstances vary widely, and NZ Post welcomes any move to provide greater certainty for contractors and businesses,” a spokesperson said.

The Workers First Union has previously suggested the ruling could have tax implications for Uber.

“Part of what this judgment and the previous judgments have have done, is clarify — aside from the employment question — that Uber does provide transport services in New Zealand.

“That might sound like a ridiculous question to ask for any normal person, but they were denying they provided transport services for a very long time, and I understand that is something that has tax implications.”

A spokesperson for Inland Revenue couldn’t say whether the court ruling would have tax implications for Uber or other companies engaged in the gig economy, but appeared not to rule that out, saying the situation was “still very much at the review and assess stage”.