Fair Work Ombudsman Launches Investigation Against Uber to Establish Driver’s Status

Updated: Nov 25, 2020

The Fair Work Ombudsman has announced that they are commencing an investigation against Uber.

The investigation is in relation to a common argument in the workplace- the age old question as to whether a person is an employee or a contractor. In this case, the Fair Work Ombudsman is closely examining the relationship between Uber and its drivers after a number of drivers purportedly claimed that they were being unfairly deemed to be self-employed.

Vizzone Ruggero Twigg Lawyers Partner John Vizzone says that the issue is a common one that is put to the courts.

“When deciding whether the worker is an employee or a contractor, the courts will examine a number of different factors such as who is in control, who provides the tools of trade, in Uber’s case the car, and whether the purported contractors have their own ABN’s, insurances and other important things that contractors generally have,” said John Vizzone.

The Fair Work Ombudsman is investigating Uber's contractual relationship with its drivers.

“It is great that the Fair Work Ombudsman is looking at the plight of Uber drivers. However, in our experience, we have many clients where the Fair Work Ombudsman only seems interested in cases where there are a large number of workers aggrieved with  a multi-national,” warns John Vizzone.

“It is important that if whether you are with a large company or a small one, if you believe that you are unfairly being dealt with as a contractor that you obtain experienced legal advice.

We will continue to monitor the Uber case.

John Vizzone is an experienced advocate who successfully argues for individuals and companies in various courts of law including industrial and criminal courts. If you have any query or wish for him to act on your behalf you should contact 02 9667 1271 or email john.vizzone@vrtlawyers.com.au


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