An Uber Eats driver is not an employee

An Uber Eats driver is not an employee, because:

1. No control — Uber Eats exercised no control over whether, when, or how long the driver performed the work.
2. No exclusivity — the driver, while logged on to the Uber Eats app and while performing a delivery request, had the right to accept and perform work for competitors.
3. No representation — the driver was not required to wear a uniform, bear logos, or represent that she was part of the Uber Eats business.

Amita Gupta v Portier Pacific Pty Ltd [2020] FWCFB 1698