Ian Neil SC
  • About
  • Selected Cases
  • Resources
    • Litigation Manual
    • The Style Guide
    • Recent Publications
    • Case Notes
  • Media
  • Contact
  • Menu Menu
  • LinkedIn

An Uber Eats driver is not an employee

12 April, 2021/in Notes /by admin

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

https://ianneil.com/wp-content/uploads/2022/05/INSC-header-logo-rev.png 0 0 admin https://ianneil.com/wp-content/uploads/2022/05/INSC-header-logo-rev.png admin2021-04-12 03:28:012021-09-14 07:26:17An Uber Eats driver is not an employee
  • An Uber Eats driver is not an employee12 April, 2021 - 3:28 am
  • ‘Ode to a Scab’22 September, 2016 - 3:35 am
  • A significant judgment about employers’ obligations of consultation29 August, 2016 - 4:56 am
  • What does Jones v Dunkel really mean?8 August, 2016 - 5:00 am
  • Workers in the ‘Gig Economy’22 July, 2016 - 5:02 am
  • The meaning of CFMEU v BHP Coal Pty Ltd (2014) 253 CLR 24331 October, 2015 - 4:58 am

6 St James Hall Chambers | 155 King St, Sydney | NSW 2000 | Australia

GPO Box 2685, Sydney, NSW 2001, Australia

© 2021 IAN NEIL | Liability limited by a scheme approved under Professional Standards Legislation

Site designed & built by Gasoline Group
Employers won’t roll out COVID-19 vaccine programs for some time: WA Heal... Childcare worker sacked for refusing flu vaccine loses legal appeal
Scroll to top