Uber v Aslam

Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum wage and paid holidays.

Journal article

In an important recent journal article written by Sandra Fredman and Darcy du Toit “One Small Step Towards Decent Work: Uber v Aslam in the Court of Appeal” published in the Industrial Law Journal on 21 May 2019 they point out that the judgment underscores the fragility of using the distinction between ‘workers’ and ‘independent contractors’ as the foundation for rights at work. They argue that the distinction is “especially unsuited for the large and growing number of workers whose working relationships cannot easily be characterised within the bipolar contractual model, but whose working lives are precarious and vulnerable to exploitation.”

Labour court judgment

In South Africa there appears to have been only one labour court judgment dealing with Uber and its relationship with the drivers.  View Uber issues: CCMA ruling reviewed and set aside where it was held by Justice A van Niekerk that the CCMA  commissioner erred by failing to distinguish between Uber SA and Uber BV as discrete legal entities. There was no dispute of fact before the commissioner regarding the delineation of functions as between Uber SA and Uber BV.