ARTICLE · 09 JANUARY 2018

The big question answered: Does Uber employ its drivers?

Marque Lawyers

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Uber could breathe a big sigh of relief when the Fair Work Commission ruled that this Uber driver was not an employee.

AustraliaEmployment and HR

James True (Formerly With Marque Lawyers)

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Uber can breathe a big sigh of relief as the Fair Work Commission, in dismissing an unfair dismissal application, has ruled that its drivers are not employees.

Uber terminated a driver's service when he (we assume) failed to offer enough mints to keep an adequate user rating. The driver brought an unfair dismissal application riding the coattails of a recent UK decision that found Uber drivers to be employees.

Luckily for Uber and other similar shared economy businesses, with a resounding 'no', the FWC determined the driver was an independent contractor. In doing so, it had regard to the well-established criteria for determining if an individual is an employee or independent contractor, including:

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