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They said drivers cannot bargain with Uber to influence the quantity or quality of work they get, or how much they earn, unless Uber agrees to give them greater access to ride requests, ride information or supplemental payments.
The judges also noted that Uber exerted a “high degree of control and direction” over drivers when they logged into the app.
Uber may still try to take the matter to the Supreme Court. The company is pursuing similar lawsuits elsewhere in the world.
A complicating factor is that the Department of Business, Innovation and Employment Just started commenting Better define employees and contractors.
National and ACT agreed to the review as part of their coalition agreement.
Ahead of the 2023 election, ACT is campaigning to amend the Employment Relations Act “to make it clear that contractors who have signed a contract to work cannot challenge their employment status in an employment tribunal”.
It recommends that contractors should sign agreements that make it clear they will not have access to full employee rights.
Act argues that agreements should spell out the benefits available to contractors, including that they can work for other businesses (including competitors) and cannot terminate their contracts if they do not accept an assignment.
The party suggested contractors who felt their contract terms were unfair could seek redress under the Fair Trading Act, which deals with unfair contract terms.
Any changes the government makes to the law will apply only prospectively.
There is more to come.
Jenee Tibshraeny is The Herald Wellington Business Editor, based in the Parliamentary Press Gallery. She focuses on Government and Reserve Bank policy, economics and banking.
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