Recent Uber decision takes the employer/contractor distinction for a ride

Kaseris v Rasier Pacific V.O.F

Uber has successfully argued that its business arrangements with drivers that are centred around technology based revenue sharing systems do not create an employment relationship with Uber drivers. Instead, the Fair Work Commission determined in a recent unfair dismissal case that no such employment relationship existed because Uber engaged these drivers as independent contractors.

Deputy President Gostencnik's decision on a jurisdictional challenge by Uber to the unfair dismissal claim centred on the finding that there was no work-wages bargain between Uber and Uber drivers, identifying this bargain as the 'minimum mutual obligation' required for an employment relationship to exist. In reaching this decision, Deputy President Gostencnik recognised the limitations of using this criteria as these principles developed before the Gig economy and did not take into account that manner of work. As a result of applying these traditional