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On-demand food delivery platforms such as UberEats, Deliveroo, Menulog, and DoorDash have long relied upon classifying the persons who deliver orders as independent contractors to facilitate the services offered by their platforms. However, the recent case of Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (the Deliveroo Case), may mark a landmark change and mean the delivery partners working for these platforms will be classified as employees and receive entitlements as such.
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With the rising prevalence of technology driven ‘gig workers’, judicial, political and social conversation have begun to question the traditional definition of ‘employee’.
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A recent ruling by the Fair Work Commission (FWC) has found that Uber Drivers are not captured by Australia’s unfair dismissal laws, as Drivers are not classed as employees but rather, independent contractors.
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