Contractors or Employees? Uber Drivers and the Kaseris case

In Kaseris v Rasier Pacific V.O.F [2017] FWC 6610 (21 December 2017) (Kaseris), the Fair Work Commission (FWC) held that an Uber driver was an independent contractor, not an employee. This decision could impact all workers and businesses which form part of the so-called “gig economy”. Kaseris summarises the factors which may be considered in distinguishing between employees and independent contractors. Importantly, the Kaseris case also distinguishes the Australian position from a recent UK decision, Aslam and others v Uber B.V. and others [2017] IRLR 4 (Aslam). Multiple rulings in overseas courts have found that Uber owes certain employee entitlements to its drivers. However, the Kaseris de

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