A Fair Work Commission Appeals Panel dismisses Uber Eats case – Employment and HR


Australia:

A Fair Work Commission Appeals Panel dismisses Uber Eats case


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The case is Amita Gupta v Portier Pacific Pty Ltd; Uber
Australia Pty Ltd t/a Uber Eats.

On 21 April 2020 a Full Bench of the Fair Work Commission
dismissed an appeal by Ms Amita Gupta. Ms Gupta claimed that she
had been unfairly dismissed. Her application was rejected after a
defended hearing before Commissioner Hampton in August 2019. The
claim failed as Commissioner Hampton determined that she was not an
employee.

The Commissioner decision is consistent with an earlier decision
of the Fair Work Commission in Kaseris v Rasier Pacific VOF3.

This finding was confirmed by the Full Bench. The Full Bench
reviewed all of the aspects of the relationship but 3 factors were
particularly important, which are:

  • There was no control on when and how long Ms Gupta performed
    her work

  • Ms Gupta could work for a competitor

  • Ms Gupta was not required to wear a uniform and her car was not
    required to display any logos.

Here is a link to the decision .

Each case will turn on its own facts but the Uber business model
has stood up to a number of employment law based challenges to
date.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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