Transport workers’ union launches appeal against a Fair Work Commission decision that upheld the sacking of the Adelaide-based driver

This article is more than 10 months old

This article is more than 10 months old

The case of an Uber Eats driver who was allegedly sacked for delivering food 10 minutes late has been likened to modern-day slavery by the Transport Workers’ Union.

The union on Monday launched a bid to appeal a previous Fair Work Commission decision that upheld the sacking of Adelaide-based driver Amita Gupta.

Gupta delivered food for Uber Eats for as many as 96 hours a week, the union says.

The appeal on behalf of Gupta was about ending “worker exploitation via an app”, TWU national secretary Michael Kaine told reporters on Monday.

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“We are here with Amita and [her husband] Santosh who are bravely taking the next step in the fight against these tech giants, in this case Uber Eats,” Kaine said outside the Fair Work Commission.

“We are asking the full bench of the Fair Work Commission to blow the lid on exploitation in this sector.

“We will be asking the full bench ... to hear this case on the grounds of public interest.”

Much of Monday’s hearing was taken up with legal wrangling over whether Gupta was an employee of Uber Eats or a contractor.

“If the Fair Work Commission decides Amita is an employee she gets all the rights other Australian employees get,” Kaine said.

“If they decide the other way she gets none.”

Lawyers for Uber Eats argued against allowing the appeal to proceed.

The commission previously rejected Gupta’s unfair dismissal claim, finding she was not an employee of Uber Eats.

That meant she was not protected by unfair dismissal laws.

Gupta was stood down in January after receiving a message that her access to the Uber app had been stopped.

“We do not believe it is in the public interest for these dystopian conditions to be allowed to endure and become the norm in Australia,” Kaine said.

The union is seeking to establish rights for gig economy workers after previous legal fights with Deliveroo and Foodora.