In a recent article linked here, I discussed how food delivery partners were considered independent contractors rather than employees and how further regulation could assist in ensuring both their physical and economic safety.

In a recent decision made by the Fair Work Commission found, that a food delivery driver was unfairly dismissed and was not in fact an independent contractor. Deliveroo submitted that the rider took too long to make deliveries and was subsequently fired because of his actions. Commissioner Cambridge ruled that the rider’s dismissal was the subject of “harsh, unjust and unreasonable treatment”, in breach of section 387 of the Fair Work Act. This decision was reinforced because of the “level of control that Deliveroo possessed” over the rider.

This decision should have a significant impact on further decisions regarding delivery riders and their classification as employees.

How can we help?

Should you have any questions around definitions of an employee, our Employment Law team can advise you accordingly. Contact them on 02 6285 8000 or by email.