In Australia, The Fair Work Commission Ruled The Inexistence Of An Employment Relationship Between Uber Eats And Its Deliverymen
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.
