Uber has for the first time used a landmark ruling upholding the freedom to contract to dismiss claims its drivers are employees, regardless of the reality or unfairness of the relationship.
Uber has for the first time used a landmark High Court ruling upholding the freedom to contract to dismiss claims its drivers are employees, despite Fair Work finding the terms of the contract were potentially unfair.
University of Adelaide labour law professor Andrew Stewart said commissioner Hampton was “one of the best legal minds in the Commission” and his approach, the first to apply the rulings to the gig economy, would be “extremely convincing”.“The High Court has now reworked the common law so almost any type of worker can be engaged as independent contractor if you just have the right contract and the reality of your work arrangements just doesn’t matter.
He said although in practice drivers treated Uber’s “recommended” fare as the actual fare, Uber’s contract still allowed them to negotiate a different one. He said the finding Mr Nawaz was not running his own business would “normally suffice to establish he was an employee” on one view of the law before the High Court rulings.
“I would also observe that in many situations within Australian workplaces and in our society these elements have led to some regulation to establish minimum standards and related dispute resolution rights and obligations. Any broad policy response remains a matter for the parliaments of Australia,” he said.
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