Foodora’s Delivery Riders — Contractors or Employees? Implications for Employee-Creditor Prioritisation

30 January 2019

Nicola Nygh, Sam Wheeler and Callum Davis analyse the Fair Work Commission’s recent decision that delivery riders for Foodora are employees, rather than contractors.

The Fair Work Commission recently determined an unfair dismissal claim by a former delivery rider for Foodora, an app-based meal delivery company. It held that, despite the presence of contractual terms which sought to forestall the emergence of an employee/employer relationship between Foodora and delivery riders, those riders were actually employees. While an unfair dismissal case, this decision holds broader implications which warrant close attention by participants in the gig economy. Continue reading…