Two foodora cyclists have launched unfair dismissal claims in cases the Transport Workers Union believes could prove a test case for the burgeoning food delivery industry.

The two cyclists, Josh Klooger and Avi Winner, are launching claims arguing that they were unfairly dismissed for taking holidays and speaking out about being underpaid.

Josh Klooger is claiming he was unfairly dismissed as a Foodora courier Credit:Eddie Jim

Transport Workers Union national secretary Tony Sheldon said that while the two workers were hired as independent contractors, foodora had treated them as employees.

The case will seek to build on the the High Court of Australia decisions in Hollis v Vabu which found that couriers riding their own bicycles were employees and not independent contractors even though they were responsible for repairs, loss or damage to their equipment and uniforms.