The company requested that Mr Klooger "immediately leave the groups so that Foodora can become owner by recreating them with the contractor network".

Fired days after TV appearance

The use of informal chat groups has become a common tool for gig economy contractors to share information about the job, including at Uber and Deliveroo. But as rates have fallen, workers have increasingly used the groups to organise over conditions.

Mr Klooger, who was hired by Foodora in 2015 and paid $14 an hour plus $5 a delivery, has been a vocal critic of Foodora lowering rates and addressed cyclists at a TWU protest about the issue in Melbourne on January 31.

He later appeared on Channel 10's The Project on February 25 for a story on claims that riders were underpaid, injured, racially abused and threatened.

The following week, on March 2, Foodora emailed Mr Klooger saying he had failed to respond or comply with its previous notification to transfer the Telegram groups.

"In that regard, specifically the breach to IP rights of Foodora, we decided to not continue contracting your services and take the opportunity to serve you this notice of contract termination effective immediately."

The company flagged it may take further action to "recover" its IP assets.


'No rider punished for public activity'

In his defence, Mr Klooger said Foodora was also an administrator of the group and that when he received its February 22 email he helped transition drivers to new group chat platforms provided by Foodora.

A Foodora spokeswoman said "we can assure that neither Josh Klooger's or the termination of other riders' services is done lightly".

"In light of this, no rider has ever been punished or had their services revoked due to their participation in any public activity or for expressing an alternative view."

Unfair dismissal claim a test case

The TWU has filed an unfair dismissal claim in the Fair Work Commission on behalf of Mr Klooger as well as another Foodora cyclist, Avi Winner, who was sacked for "inactivity".

In his claim, Mr Winner said he was hired at $10 a delivery last year but was automatically removed on February 20 when he failed to secure a shift for four weeks.

He said Foodora had moved him down to a lower-priority "batch" of cyclists after he went on holiday, despite notifying them beforehand. The batch made it harder for him to get shifts despite multiple attempts.


When he requested his account be reactivated, Foodora said he would have to reapply for the job but based on the lower $7-a- delivery contract.

The commission will first have to determine whether Foodora's contract arrangement resembles an employment relationship, including by considering the company's level of control over the cyclists, hours and requirements for uniforms.

But if successful, the ruling could entitle Foodora cyclists and others in the food delivery service to minimum wages, paid sick leave, superannuation and penalty rates.

'No guarantees on hourly rate'

TWU national secretary Tony Sheldon argued Foodora had classified the cyclists as independent contractors but treated them like employees.

"These unfair dismissal cases are about demanding rights for workers and standing up to the tech billionaires who continue to slash rates and conditions as new entrants enter the market," he said.

"Delivery riders are demanding a voice to raise issues of exploitation and safety without being victimised in any way."

Foodora's spokeswoman said contractors "have the freedom to work when and where they want, as much as they want".

"The nature of the contractor status is that there are no guarantees in terms of an hourly rate."

However, she said "no Foodora contractor is or has ever been penalised for taking time off work if their absence is registered or communicated via the appropriate channels".