The Fair Work Commission has found that Deliveroo riders are employees in a landmark ruling that could have huge implications for gig workers Jack Derwin The Fair Work Commission has found in favour of Diego Franco after he was dismissed by Deliveroo.
The Fair Work Commission (FWC) has made a landmark ruling that could see a renewed push to recognising delivery riders as employees.
The FWC ruled on Tuesday that former Deliveroo rider Diego Franco was more akin to an employee than a contractor before he was dismissed for no valid reason .
Transport Workers Union (TWU) national secretary Michael Kaine said this ruling has huge implications for gig workers in Australia and we urge the Federal Government to look at it today and to start devising regulation now.
Decisions made by the Fair Work Commission can be appealed to the federal court.
In December last year, Uber settled a case before the full bench of the federal court about another unfair dismissal case involving a gig worker – thereby avoiding what would have been a landmark ruling on the status of gig workers.
The Transport Workers’ Union said at the time that it believed Uber settled because the company was facing defeat after a series of critical questions from judges in an earlier court hearing.
On Tuesday, the union’s national secretary, Michael Kaine, said the Deliveroo judgment “has huge implications for gig workers in Australia”.
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TWU national secretary Michael Kaine said on February 20 that the court ruling is “unequivocal” and that it has “implications for Australian law”. Gig economy workers have rights, he said.
The TWU wants the government to legislate to recognise the rights of rideshare drivers and food delivery riders. It said the need is urgent because of “delivery riders dying on the roads and rideshare drivers being ripped off”. The union wants an independent tribunal to ensure workers have the rights and protections they are entitled to.
The TWU, rideshare drivers and food delivery riders visited federal MPs on February 22 to discuss the British court decision.