Category: General

Uber drivers are celebrating today as the Court of Appeal dismisses Uber’s appeal of the historic 2022 Employment Court verdict that found four drivers were misclassified as contractors by the international ridesharing company and were entitled to full employment protections in law like the right to sick leave and holiday pay, and the right to join a union.

In light of the decision, FIRST Union and E tū representatives are demanding that Workplace Relations and Safety Minister, Brooke van Velden, immediately drop her expedited plans to reform New Zealand’s contracting law and prevent workers from being able to challenge their misclassification as contractors in future through the Employment Court.

Of particular importance in today’s ruling, the Court of Appeal has applied what it considers to be a more accurate analysis of section 6 of the Employment Relations Act, and reached the same conclusion as the Employment Court in the original verdict. The Court of Appeal used the term “window dressing” to describe the terms provided to drivers by Uber in relation to their employment conditions.

For Nureddin Abdurahman, one of the four drivers who took the original court case, the decision is about hope.

“This is a win for all working people,” said Mr Abdurahman.

“The day of corporates like Uber exploiting NZ workers is coming to an end!

“I’m grateful to the legal system for identifying an injustice to the working class and examining it properly. I’m extremely happy – this will make a huge difference at a time where Uber drivers are still being mistreated by the company.

“Some drivers have no other options – this decision is all about hope and will help them in moving forward with the appropriate rights of permanent employees.

Mea’ole Keil, another of the original Uber drivers who took the case, said he was proud that drivers took a stand against exploitation.

“I’m ecstatic, over the moon, and very emotional. It’s a relief. It’s been a long journey, a long fight, and we want to thank the unions’ legal teams for keeping the faith in us,” said Mr Keil.

“I think that personally for drivers, it’s an affirmation that we were right – we were not contractors but employees. We hope our win here will help others who are in unfair working relationships with employers to stand up for themselves.

“For too long employers like Uber have exploited gaps in legislation to hide the true employment relationship and take advantage of workers unfairly – we had to take a stand and pray that the legal system would back us – it has.”

FIRST Union General Secretary, Dennis Maga, says the Court of Appeal’s verdict is heartening and motivating for the drivers and unions against a backdrop of anti-worker reforms under the National Government, and it is key for politicians to read and understand the significance of this court case and the dismissed appeal.

“This will change the landscape of employment in Aotearoa for the decades ahead of us,” said Mr Maga. “This decision will ensure more workers are in secure jobs and not prone to precarious and exploitative misclassification by companies like Uber.

“The majority of Uber drivers still do not earn minimum wage. This appeal and ruling now cements the fact that drivers have been misclassified as contractors and denied basic employment rights by Uber.

“We’ve already supported more than 1000 Uber drivers to file and seek wage and holiday pay arrears in the Employment Relations Authority, and FIRST Union has initiated collective bargaining with Uber already – this work can now progress after being effectively on hold for this ruling.”

Mr Maga said FIRST Union would now continue to progress backpay claims, encourage Uber drivers to join the union, and seek a Collective Agreement for Uber drivers in New Zealand.

Rachel Mackintosh, E tū National Secretary, said the decision shows clearly that Uber workers are indeed employees and are entitled to the rights and protections that cover all employees in Aotearoa New Zealand.

“The Uber model of employment is new, but the importance of workers’ rights is not. We have legislation to stop exploitative employers taking advantage of precarious workers, and the courts have not accepted Uber’s argument that they are somehow above the law,” said Ms Mackintosh.

“Today’s decision is a real cause for celebration, not just for the affected Uber workers but for the whole Aotearoa workforce, as it confirms what E tū and FIRST Union have long argued – fundamental workers’ rights are protected by law.

“This decision should be a warning to the Government as they consider tampering with employment laws to give vulnerable workers fewer protections. As new ways of working emerge, it’s crucial that our employment laws are there to protect working people, and not allow them to be exploited.”

Today’s ruling echoes other international courts in determining that Uber drivers are employees, not contractors or self-employed people, for example in the UK (2021) and the Netherlands (2019). These courts found that Uber effectively controls drivers’ hours and wages, and that drivers are an integral part of Uber’s business. As employees, Uber drivers are entitled to minimum wage, holiday pay, and other key workers’ rights.

TIMELINE OF EVENTS – UBER CASE

1. July 2021: Uber drivers file legal action

FIRST Union and E tū file legal action on behalf of four Uber drivers, arguing that drivers have been misclassified as contractors. The drivers argue that Uber exerts significant control over their work, including setting fares and managing driver performance, which supports their claim for employee status.

2. June 2022: Employment Court hears the case

The Employment Court hears arguments from both sides. Uber argues that drivers are independent contractors who choose their working hours and terms. The unions argue that Uber’s operational practices and control over the drivers’ work structure meet the criteria for employment.

3. October 2022: Employment Court verdict

The Employment Court rules that the four Uber drivers should be classified as employees, citing Uber’s control over the work environment and terms of employment. FIRST Union and E tū celebrate the ruling as having significant relevance to the broader misclassification of workers as contractors in Aotearoa.

4. June 2023: Uber files appeal

Uber files an appeal against the Employment Court’s decision, arguing that the classification of drivers as employees would negatively impact the company’s business model and flexibility. FIRST Union and E tū criticize Uber’s appeal, arguing that it seeks to undermine the progress made for workers’ rights and protections.

5. November 2023: National-led Coalition Government takes office

The new National-led coalition government begins its term, with potential implications for labour laws and gig economy regulations. The National Party and ACT coalition agreement contains a pledge to stop workers from being able to challenge their employment status in the Employment Court in future.

6. March 2024: Court of Appeal hears Uber’s appeal

The Court of Appeal hears Uber’s arguments that drivers should remain classified as contractors. Uber argues that drivers have significant control over their work and hours. The counsel for the drivers argues that Uber’s control over various aspects of the drivers’ work environment justifies employee status.

7. May 2024: Brooke van Velden meets with Uber

Brooke van Velden, Workplace Relations Minister meets with Uber on May Day while unions hold marches to protest the Government’s anti-worker policies. Unions raise concerns about political influence on the legal process and allege that the Government’s close relationship with Uber could undermine the legal process.

8. June 2024: Government expedites contractor law change plan

Brooke Van Velden instructs her officials to begin work on law changes that could prevent workers misclassified as contractors from challenging their employment status in the courts. FIRST Union confirms that the union has not been invited to submit on the proposed law changes under the expedited timeline.

9. (today) 26 August 2024: Court of Appeal ruling on Uber’s appeal

The Court of Appeal rules to dismiss Uber’s appeal of the Employment Court’s 2022 verdict.

Southland’s first ever region-wide scientific survey of decent work provides valuable information about the experience of local workers.

The survey was conducted over three months from April 2023, inviting all workers in Southland to participate and share their perspectives about employment in the Southland region.

Participants came from a wide range of backgrounds, working in different jobs, from the largest firms to small businesses.

The Decent Work Survey was commissioned by a broad group of stakeholders, including the Southland Business Chamber, the private sector union E tū, Murihiku Regeneration, and Great South, the organisation responsible for the ‘Beyond 2025’ Southland long-term plan.

The survey design, delivery, and data analysis were overseen by independent experts at Massey University.

CEO of the Southland Business Chamber, Sheree Carey, says the Decent Work Survey has significant benefits for the members of the broader business community.

“By understanding employee perspectives on job satisfaction, workplace culture, communication, and professional development, our members can gain valuable insights to enhance their organisations,” Sheree says.

“This initiative aligns with our commitment to creating more engaging and satisfying work environments, ultimately contributing to a productive and positive workplace culture in Southland.”

E tū National Secretary, Rachel Mackintosh, says hearing the perspectives of workers is crucial.

“We know that workers have excellent insights about their own jobs that can often be overlooked,” Rachel says.

“By working with a wide group of interested parties on this survey, we have given a voice to workers across the region and ensured that their experiences can be properly taken into account for a variety of purposes, especially planning for an uncertain future.”

Bobbi Brown, the Project Lead for Beyond 2025 Southland, recognises the role of workers in the Southland economy.

“Our workforce is the lifeblood of our economy and while our unemployment rate remains very low, our employers are very focused on retaining their current staff while also attracting new people to fill vacancies. These insights are very helpful.”

Key insights:

• Workers feel they are doing useful and meaningful work.
• The majority of workers in Southland say their pay is not enough or just enough to meeting their basic living needs.
• Most workers would immediately struggle to meet the cost of basic necessities if they were to lose their job.
• Workplace culture is closely associated with management practices and the most frequent reason workers decide to leave or stay in their jobs.

From E tū National Secretary Rachel Mackintosh:

E tū is deeply saddened by the passing of Fa’anana Efeso Collins. Our thoughts are with his family and his community as they come to terms with this shocking loss.

Efeso was a friend to E tū and the union movement. He was a Solidarity Member of E tū, and many of our members and staff got to know him well during the 2022 local election campaign, with many of his campaign activities hosted at our Auckland office.

He was a champion of the Living Wage during his time on Auckland Council. He took the time to really engage with our members, to hear their concerns, and to represent them as a community leader. Efeso spoke at our union’s most recent conference, sharing how his own experience shaped the politician he became, especially fighting for some of the most marginalised and vulnerable people in our communities.

Efeso’s work was an inspiring example of values-driven activism and leadership. We will honour his memory as we continue to fight for fairness and justice in our workplaces and wider communities. 

From the E tū Komiti Pasifika:

We send heartfelt condolences, prayers and alofa to Fia, Kaperiela, and Asalemo, after the tragic passing of le afioga Fa’anana Efeso Collins MP. this is great loss for their aiga, friends, colleagues, and the many communities in Auckland, all throughout Aotearoa New Zealand, the Pacific, and beyond. 

Fa’anana Efeso was a natural leader. He always fought for Pasifika workers, their families, and other marginalised groups. He was dedicated family man, community leader, and servant of God. He was honest and passionate, and an advocate on issues that many others overlooked, such as injustice for workers, racism, and discrimination. He inspired hope and promoted practical solutions for workers, helping them to rise up and demand fair treatment, justice, and equity in their workplaces. He walked the talk and was a strong supporter of just and secure workplaces where all would prosper, not just the few.

Fa’anana Efeso, your unique presence, charm, handsome smile, wit, intelligence, humour, kindness, compassion, and inspiring courage will be sorely missed. You will be fondly remembered as a genuine and true warrior for the people.

Fa’afetai tele lava mo lou Tautua. Ia Manuia lau malaga Fa’anana Efeso Collins, a great friend, brother and comrade of our union, E tū.

Ua fa’afetai
Ua fa’afetai
Ua malie mata e va’ai

Ua tasi lava oe
Ua tasi lava oe
I lo’u nei fa’amoemoe

Congratulations to our three new members of the E tū National Executive, who won the elections held at our Biennial Membership Meetings. 

 Don Pryde – South Island Vice President

Nia Bartley – Central Region Representative

Vivien Welland – Northern Region Representative

 Don, Nia, and Vivien will now join the other members of the National Executive in overseeing the day-to-day operations of our union.

We acknowledge all candidates who put themselves forward in these elections and all the union members who came to meetings during September and October to vote. We are a proudly democratic union. 

Keen to serve on our union’s National Executive? Now is your chance!

The following E tū National Executive positions are open for nomination:

• North Island Vice President
• South Island Vice President
• Northern Regional Representative
• Central Regional Representative
• Southern Regional Representative

The Southern Region is the whole of the South Island (plus Stewart and Chatham Islands). The Central Region includes Wellington, Wairarapa, Horowhenua, Manawatu, Whanganui, Taranaki, Hawkes Bay and Tai Rawhiti/East Coast. The Northern Region includes Northland, Auckland, Bay of Plenty and Waikato.

To be eligible for one of these positions, you must live in the region and need to have been a financial member of E tū continuously for at least 12 months immediately before being nominated. Nominations must be moved and seconded by financial members, and would-be candidates must state that they wish to be nominated for the position.

All nominations must be received by the Returning Officer, Christopher Gordon (christopher.gordon@etu.nz), by 5pm, Friday 30 June 2023, along with a short bio of the person being nominated.

If there is more than one candidate for any position, an election will be held at the E tū Biennial Membership Meetings in September.

Click here to use the online nomination form