An Uber driver is "absolutely adamant" that the Court of Appeal will uphold a landmark 2022 ruling that found some drivers for the rideshare were employees.
In October 2022, the Employment Court ruled that four Wellington drivers were employees, not contractors – meaning they were entitled to things like minimum wage, sick leave, and holiday pay.
Uber was granted leave to appeal that decision in June of last year. A hearing is set to begin today.
In a statement, Uber's general manager for New Zealand Emma Foley said the company's appeal was to maintain a level of "flexibility" for drivers.
"Ninety per cent of drivers and delivery people tell us that they would not keep earning with Uber if the current flexibility of the work were to go away," she said.
"Flexibility and choice are hallmarks of today's workforce, and Kiwis deserve certainty about the type of work they choose to do."
Speaking to Breakfast this morning, Uber driver and union delegate Steve Farley said he was "absolutely adamant that we'll win" at court.
He said that if the decision is overturned, "the ability to live a decent life and not be constantly stressed about how much money I'm making per hour" and his "mental state" would be at stake.
This was backed up by First Union delegate Anita Rosentreter, who has been representing the drivers.
"We're really hoping that the decision is upheld. It's a really, really important decision," she said.
She said it won't just affect Uber drivers: "It's all about one of the most fundamental aspects of our employment law, which is what an employee is.
"If employers like Uber can simply turn around and say: 'Well, you're not an employee, and therefore you're not entitled to minimum wage, we'll pay you less than that actually, we won't give you any holidays, we won't give you any KiwiSaver, we'll fire you without warning', what's stopping all of the other employees in New Zealand from doing that?"
She believed the ruling is all about providing "adequate protections" for those working for Uber.
Foley said Uber was "hopeful" the court would reverse the decision, claiming that it "attempts to shoehorn independent contractors into traditional employment". She said it "threatens the autonomy we know Uber drivers and delivery people truly value".
"The current ruling has created significant uncertainty for workers and businesses who rely on contracting arrangements."
She also called on the Government to "make clear that contractor arrangements — where people have genuine flexibility and are also free to work for other companies, including competitors — are an important feature of the New Zealand employment landscape in the twenty-first century".
The hearing will begin 9am today and drivers plan to hold a demonstration outside the courthouse.
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