Workers First Union says the Supreme Court decision confirming that four Uber drivers are employees marks a decisive moment for gig-economy workers across Aotearoa.
The judgment ends a four-year legal fight that moved through the Employment Court, the Court of Appeal, and now the Supreme Court. The Court found that Uber controlled the work in ways consistent with an employment relationship, including the setting of fares, conditions, rules, and the practical control of drivers’ day-to-day work.
Workers First Union says the decision confirms that the drivers were misclassified and denied basic employment rights such as minimum wage, holiday pay, sick leave, and the ability to bargain collectively. The union says this misclassification is becoming more common across different industries and that the ruling creates an important precedent for other workers in similar arrangements.
The union is warning that the Government’s Employment Relations Amendment Bill, promoted by the ACT Party, would allow companies to label workers as contractors even when the work functions as employment in practice. Workers First says this legislation would make it difficult, if not impossible, for workers to challenge misclassification through the courts.
Union leaders say the Supreme Court ruling and the rejected appeal confirm that New Zealand’s legal system supports the view that gig-economy workers can meet the legal tests for employee status. They say the decision supports years of evidence that Uber set the terms of work and avoided responsibilities normally carried by employers.
Workers First Union acknowledged the four drivers at the centre of the case: Nureddin Abdurahman, Lalolagi Mea’ole Keil, Julian Ang, and Bill Rama. The union says none of the case would have been possible without their persistence and the work of the legal team involved. The union says drivers have spent years attending hearings, preparing statements, and responding to complex legal processes, and that today’s decision recognises their commitment.
The union says it will continue its campaign against the ERA Bill and plans to release further material on contractor law reform. It is also encouraging Uber drivers and other workers in similar arrangements to engage with the union as more details emerge about how the ruling will be applied.
Workers First says it will release further updates once the immediate legal and policy implications become clearer.
Uber responds to the ruling
Uber has issued its own communication to drivers following the Supreme Court decision. In the correspondence, Uber states that the ruling applies only to the four individuals involved in the case and does not change the status of other drivers or delivery partners using the platform.
Uber told drivers that many of them value flexibility and independence, and that the company remains committed to advocating for legislative settings that preserve contractor arrangements. The message says there is no change at this time to how drivers work, earn, or deliver through the platform. Uber says it will continue to update drivers if further developments arise.
This article is based on correspondence provided by Workers First Union NZ.
