More rights for workers in the gig economy?

The classification of workers in the gig economy continues to be debated following a Fair Work Commission ("the Commission") decision which found a Deliveroo delivery rider was an employee, and had been unfairly dismissed. The decision serves as a further data point as Australian Courts and Tribunals are increasingly called upon to examine the true character of working relationships within the gig economy, and the rights and obligation of the participants within those relationships.

Background

A Deliveroo worker was dismissed in April 2020 after working for three years as a rider. Shortly before his dismissal, the worker received an email from the company indicating that his "supplier agreement" would be terminated within a week because of alleged slow delivery times. The worker alleged he was an employee, and that he had not been given an opportunity to respond to the allegations or improve his conduct before his agreement with Deliveroo was terminated.