The Problem

Courts and tribunals are sometimes faced with a challenge when applying the traditional distinction between ‘employee’ and ‘independent contractor’ to real life employment situations. Such regulatory challenges are highlighted by the digital economy and the relationship between drivers and Uber in the ride sharing business. Discuss whether you think drivers are employees or independent contractors. What challenges do services such as Uber pose for employment regulation and the distinction between employee and independent contractor? The below materials and the Uber UK case will allow students to complete this question but general research on Uber may also be helpful (20 marks)

Readings and Research

To answer these questions further research may be useful. You should draw on the lecture and the readings for this topic.

The following materials are a helpful starting point in answering this problem:

• Andrew Stewart, Stewart’s Guide to Employment Law (2015) Chapter 3.
• Andrew Stewart, ‘Redefining Employment? Meeting the Challenge of Contract and Agency Labour’ (2002) 15 Australian Journal of Labour Law 235.
• Cameron Roles and Andrew Stewart, ‘The Reach of Labour Regulation: Tackling Sham Contracting’ (2012) 25 Australian Journal of Labour Law 258.
• Abdalla v Viewdaze Pty Ltd (2003) 122 IR 215.
• Hollis v Vabu Pty Ltd (2001) 207 CLR 21.
• Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034.
• Aslam, Farrar & Others v Uber (2015) Case Nos: 2202550/2015, Employment Tribunals (UK).

Referencing

Students should ensure that they use appropriate referencing when using legislation, cases and the work of authors. The Q Manual can be used as a guide to referencing, however, the Q Manual focuses on in-text citations. Such referencing is difficult when using legislation and cases, and students may find that footnotes for these sources are easier to use.

A cover sheet, word count and bibliography must be included.