UNFAIR DISMISSAL CLAIMS
RSDAA can confirm that FairWork Commission has accepted Unfair Dismissal Claims from Uber Drivers in NSW and QLD. One case has been settled, another is processing and a new QLD case is about to be submitted. Each of the cases submitted have had representation by the President of the Rideshare Drivers Association of Australia representing each of the dismissed drivers.
The Unfair Dismissal Claims process is usually reserved for employees yet these claims are currently progressing which will hopefully set a precedence for future cases of Unfair Dismissal in Australia.
The RSDAA believes that the relationship between drivers and Uber will definitely warrant investigation. The definition of a Contractor needs to be questioned as the RSDAA believes that Uber drivers could possibly fall under the categorisation of casual employees. The Contractor definition currently does not describe the working conditions of Uber drivers due to the high level of control Uber have with allocation of jobs.
Uber drivers do not generally feel like they have the freedom to operate independently, Uber sets rates without negotiation, the only option that drivers can choose is the hours they work. Drivers work within Ubers strict rules and regulations for drivers or become deactivated without a right of reply.
The RSDAA is aware of the current FairWork Ombudsman investigation and is currently assisting the ATO in providing information that will assist the review of this classification.
The fact remains that driving for Uber is NOT a sustainable income on the basis that it costs on average 70 cents per kilometre to run a private vehicle according to independent research by RACQ and RACV. In all cities outside of Sydney, the average Uber rate per km is currently $1.00
The Ride Share Drivers Association of Australia believes Drivers can no longer be ignored, threatened with deactivation and silenced.
Any further media enquires can be directed to :
Les Johnson, RSDAA, Secretary, mobile 0401357331
Rosalina Kariotakis, RSDAA, President, mobile 0408660340