Australia: a delivery driver secures official ‘employee’ recognition and successfully claims against Deliveroo for wrongful dismissal

On 18 May, Australia's Fair Work Commission (industrial relations tribunal) found Deliveroo guilty of wrongful dismissal. In doing so, the commission found that the former delivery worker was an ‘employee’ of the food delivery group and not an ‘independent contractor.’ With trade unions hailing the outcome as historic, the tribunal’s decision could have a snowball effect across the whole Australian gig economy, which has been particularly under the spotlight in recent months following the death of several courier workers.
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Diego Franco had been a Deliveroo delivery worker for 3 years when at the peak of the pandemic he received an email telling him that he was ‘too slow’ during deliveries and that his account was going to be deleted from the platform’s application within 7 days. Mr. Franco then approached the Transport Workers Union (TWU) to file a complaint and claim abusive dismissal.

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