In last months Fair Work Commission (FWC) ruling of Diego France v Deliveroo1, the FWC found that Deliveroo unfairly dismissed a long time delivery driver. This delivery driver was able to claim damages for lost wage payments. The FWC's decision that delivery drivers for food delivery companies are employees rather than independent contractors, signals a major judicial shift in the Australian gig economy, and serves as the first significant step towards federal action regulating gig workers rights.
Background
In Diego Franco v Deliveroo, Mr Franco was removed from the delivery app, Deliveroo, for failing to deliver orders in a ‘reasonable timeframe', essentially terminating his employment. Mr Franco was given seven days notice of his termination with Deliveroo. Deliveroo was the primary source of income for Mr Franco and his family of three. He had worked for the company for around 3 years.
