Gig economy companies such as Uber seek to enhance their profits by evading or avoiding national regulation and by shifting their costs onto drivers. But Uber must now meet national employment law standards.
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Opinion: The Court of Appeal has upheld the Employment Court’s finding that Uber drivers could be employees. The Appeal Court’s reasoning is somewhat more conservative than the Employment Court’s and more closely follows the Supreme Court in the 2005 Bryson case. If anything, this strengthens the factual finding.
Parliament has, for many decades, enacted a range of measures intended to provide a minimum level of economic security for workers and to ensure various fiscal and other obligations owed to the state are effective.
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Gordon Anderson is professor emeritus in the Faculty of Law at Te Herenga Waka – Victoria University of Wellington
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