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Landmark Uber case to challenge drivers’ industrial rights
Harmers Workplace Lawyers has shed light on the legal action it’s pursuing on behalf of four drivers and the Rideshare Driver Network, going head-to-head with ride-share giant Uber.
Emma Musgrave
Harmers is challenging Uber in the Federal Court on behalf of the four drivers and the Rideshare Driver Network (RDN) in a matter that will determine whether Uber drivers are “employees of Uber, and not independent contractors, as Uber has always claimed”.
“Uber argues that its drivers have ‘freedom’ to work when and where they want. This ‘freedom’ is illusory. In reality, Uber has us drivers in a pair of industrial ‘handcuffs’,” said Debra Weddall, president of the RDN.
“They are in control, not the drivers. They decide when to give us jobs, and what kind they will be. They decide how much to charge, the rider pays Uber not us. We can be ‘deactivated’, meaning sacked, without a real chance to defend ourselves. They act just like a boss, which they are, and which makes us employees.
“...One major concern is our right to a fair hearing if accused by a rider. The vast majority of riders are terrific, but there is a small number who make false allegations and Uber will refuse to provide sufficient details for the driver to defend themselves. That is not justice, that is not fair.”
Harmers’ case against Uber, which is being carried out on a pro bono basis, will revolve around allegations that the ride-share platform breached section 535 of the Fair Work Act by not keeping records of the drivers’ employment, and section 536 by not giving drivers payslips.
“By so claiming, the Court will have to determine whether drivers are, or are not, employees of Uber,” a statement from the firm noted.
“Sections 535 and 536 are civil penalty provisions of the Fair Work Act. That means that the Court can order a financial penalty to be paid by the other party to the case. In this case, the Applicants are asking the Court to order that the financial penalty be paid to the RDN so that it can be an even more effective advocate helping rideshare drivers generally throughout Australia and to fight for their rights.
“We are applying for the case to be heard by the Full Court of the Federal Court because of its importance and widespread implications. With as many as 20 per cent of the global workforce expected to be engaged in this form of work by 2050, Uber is the leader in the creation of an underclass of exploited workers. We expect the case eventually to go to the High Court.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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