New Zealand Uber drivers have won employment rights, with an historic ruling against the multi-billion dollar global giant.
Following similar examples in the UK and France, New Zealand’s Employment Court today found that four current and former Uber drivers were employees, not independent contractors, in a case jointly taken by FIRST Union and E tū.
The judgment which sought a declaration of employment status for the four drivers, found that each of the plaintiff drivers was in an employment relationship when carrying out driving work for Uber and were entitled to a declaration of status accordingly.”
It noted that while such a declaration attaches only to the individual applicants of the case, it may well have a broader impact, particularly in the way in which the companies operate, and the framework under which drivers are engaged.
FIRST Union strategic project coordinator Anita Rosentreter said “this is a landmark legal decision not just for Aotearoa but also internationally – what a way to finish Labour weekend.
“Uber has bullied its way into cities all over the world with a deliberate strategy of breaking the law and exploiting drivers – that ends here in Aotearoa today.”
The case was filed in July 2021 and heard in the Employment Court in Wellington by Chief Judge Christina Inglis in 2022.
The unions representing the drivers sought a declaration that they were employees and therefore entitled to the rights and protections under New Zealand employment law, including the minimum wage, guaranteed hours, holiday pay, sick leave, KiwiSaver contributions, the right to challenge an unfair dismissal, and the right to unionise and collectively bargain.
The four driver witnesses in the case were Julian Ang, Mea’ole Keil, Nureddin Abdurahman and Praful “Bill” Rama.
Mr Rama said, “finally, there is justice for Uber drivers. This will mean drivers will have a say, not just be subject to the control of Uber.”
“We are employees. It’s not a question of what we signed or what Uber says we are. The Court has looked at the reality of our relationship with Uber and said that drivers are employees.”