The case before the Fair Work Commission around unfair dismissal hinged on whether the rider was deemed to be an employee among other things.
This case found that the rider was an employee and adds to a number of other cases that had also found for this. It could mean food delivery riders will have more rights and that some food delivery companies may have to revise their business model.
The Wire received from Deliveroo the following statement:
Deliveroo plans to appeal the decision handed down by the Fair Work Commission. We do not accept the premise upon which the decision was taken and do not believe this reflects how Deliveroo riders work with the company in practice.
We are confident that riders are engaged as independent contractors. Riders have the absolute freedom to decide whether, when and where they work, and if they do go online they can decide how long to work and can freely reject any offer of work offered to them. Riders don’t need to provide personal service – they can and do use delegates to complete deliveries. Riders can and do work with multiple platforms, including competitors, at the same time – as Mr Franco did himself.
Riders frequently tell us that the freedom that comes with self-employment is the key reason why they choose Deliveroo, and we will appeal this decision to protect those freedoms.