"New Zealand Uber drivers win landmark case declaring them employees", 24 Oct 2022

A group of New Zealand Uber drivers have won a landmark case against the global ridesharing company, forcing it to treat them as employees, not contractors, and entitling them to a suite of worker rights and protections.

New Zealand’s employment court ruled on Tuesday that the drivers were employees, not independent contractors. While the ruling applies specifically to the case of four drivers, the court noted that it may have wider implications for drivers across the country.

The court “does not have jurisdiction to make broader declarations of employment status” so all Uber drivers “do not, as a result of this judgment, instantly become employees”, chief judge Christina Inglis wrote.

She continued, however: “It may well have broader impact, particularly where, as here, there is apparent uniformity in the way in which the companies operate, and the framework under which drivers are engaged.”

Employment status is the bedrock on which most of New Zealand’s minimum employment rights rest...

The case was jointly taken by First union and E tū union, both of which welcomed the decision on Tuesday...

In light of the verdict... First Union [is] now accepting Uber drivers as members and would move to initiate collective bargaining.

Praful Rama, one of the Uber drivers represented in the case, said in a statement: “Finally, there is justice for Uber drivers. This will mean drivers will have a say, not just be subject to the control of Uber...

A spokesperson for Uber said the company was “disappointed” and would be appealing against the decision. They said it was “too soon to speculate” on whether New Zealand’s drivers having employee status would affect the company’s operations in the country more broadly.

The decision follows a string of international cases where workers have taken gig economy companies to court to fight for employment rights...