The case of the Uber driver not an ’employee’
Although this was not a tax case, it may be of interest to anyone involved in the ‘gig economy’, with flow-on implications for other employment issues, such as super guarantee.
In a recent case, an Uber driver’s access to the Uber app had been terminated as a result of failing to maintain an adequate overall rating, and he applied to the Fair Work Commission (FWC) for an unfair dismissal claim against Uber.
However, the FWC held that he was an independent contractor and not an ’employee’, and therefore his application for unfair dismissal was dismissed.