The "gig" economy. Everyone's talking about it.
Including us. And so, it was only a matter of time before the Fair
Work Commission (FWC) would be required to express a view.
No access to the unfair dismissal jurisdiction
The context was an unfair dismissal claim. Uber terminated the
services agreement of a driver. The driver claimed he was an
employee and was sacked. Uber said he was an independent
contractor, and therefore not eligible to access the unfair
dismissal jurisdiction. Uber won.
So what is Uber anyway?
Never heard of Uber and don't know what it does? I don't
believe you! But here's what a US Court had to say in a recent
decision about its business model:
"First, Uber's self-definition as a mere
"technology company" focuses exclusively on the mechanics
of its platform (i.e., the use of internet enabled smartphones and
software applications) rather than on the substance of what Uber
actually does (i.e., enable customers to book and receive
