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On the 8th of May, 2019, in the case “Amita Gupta v. Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a Uber Eats(C2019/5651), Australia’s Fair Work Commission ruled that no employment relationship existed between Uber Eats and its deliverymen. The decision was supported in three arguments: (i) the lack of the app’s control around the performance of the deliverymen’s activity; (ii) the lack of exclusivity, with no practical barriers to work for competitors; (iii) the lack of obligation for deliverymen to wear distinguishing attire that indicates representation of the company.

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