The case is Amita Gupta v Portier Pacific Pty Ltd; Uber
Australia Pty Ltd t/a Uber Eats.
On 21 April 2020 a Full Bench of the Fair Work Commission
dismissed an appeal by Ms Amita Gupta. Ms Gupta claimed that she
had been unfairly dismissed. Her application was rejected after a
defended hearing before Commissioner Hampton in August 2019. The
claim failed as Commissioner Hampton determined that she was not an
employee.
The Commissioner decision is consistent with an earlier decision
of the Fair Work Commission in Kaseris v Rasier Pacific VOF3.
This finding was confirmed by the Full Bench. The Full Bench
reviewed all of the aspects of the relationship but 3 factors were
particularly important, which are:
