A worker has again failed to prove she was an employee rather than a contractor, with an appeal bench ruling three critical factors pointed “decisively away” from an employment relationship.

In August 2019, Fair Work Commissioner Peter Hampton rejected an Uber Eats driver’s unfair dismissal claim, finding she appeared to have “very significant control” over the way in which she provided her services and therefore was not an employee.

The driver appealed, arguing numerous factors pointed to her being an employee.

President Ian Ross and Vice President Adam Hatcher said three critical factors pointed “decisively away” from a finding of employment:

  • Uber Eats exercised no control over when or how long the driver performed her work;
  • The driver was allowed to accept work through competitor food delivery apps or perform other types of delivery work; and
  • She was not required to wear a uniform or represent that she was part of the Uber Eats business.

This is a very difficult area to navigate. That’s why we’ve written a book entitled ‘Everything You Need to Know About Employment and Contracting in Australia’ that you can download for FREE.   

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