Household of Uber Eats rider killed in Sydney recordsdata employees’ compensation declare in take a look at for gig financial system | Industrial relations

The family of an Uber Eats driver who was killed in Australia earlier this year has filed a claim for damages over his death in what could become a landmark for the gig economy.

Five delivery drivers have died in Australia since the end of September. Dede Fredy, a 36-year-old Uber Eats worker from Indonesia, died on September 27 after being hit by a car while delivering food in Sydney.

An application has now been made on behalf of his widow Nyoman Sunarti and their four-year-old son Muhammad for employee compensation for work-related death.

Under applicable Australian labor law, grocery delivery drivers are considered independent contractors, not employees. Labor law expert Joellen Riley Munton, of the University of Technology in Sydney, said no food company has successfully applied for worker compensation for death in Australia, but it might be possible.

The lawsuit was filed with state insurer iCare on Tuesday by lawyers from the Transport Workers’ Union.

The union argues that Dede and other contractors are entitled to the same workplace compensation in the event of death as Uber employees who work in their offices.

Under the New South Wales Workers’ Compensation Scheme, Dede’s family would be entitled to a lump sum of $ 834,200 and weekly payments of $ 149.30 for his four year old son until he turns 16.

Fredy’s family and other Uber Eats drivers are covered by group insurance purchased from the company.

Under Uber Eats Insurance, Dede’s loved ones are entitled to a lump sum up to a maximum of $ 400,000 and potentially $ 5,000 for each spouse or loved one.

Transport Workers’ Union National Secretary Michael Kaine said if the application were denied the union would pursue it as a test case with the Workers Compensation Commission.

Drivers are on our streets day and night looking for these billion dollar companies. Michael Kaine

“Fredy Dede’s wife and four-year-old son should under our laws receive full compensation and not be pushed into poverty because Uber structures its business,” he said.

“The drivers are on our roads day and night looking for these billion dollar companies. The Australian community expects workers to be treated far better than these.

“We intend to test this claim with the Workers Compensation Commission to extend full employee compensation claims to food delivery drivers.”

Riley Munton said Dede’s attorneys would need to demonstrate that he could fall under Section 5 and Appendix 1, Section 2 of the NSW Workers Compensation Act in order for the claim to be successful in NSW.

“To the best of my knowledge, there has been no decision yet that they are covered by workers’ compensation in any state,” she said.

“I think there are reasonable arguments that they could be included in this definition in this definition, but to date I am not aware of any cases where this has been found.”

Riley Munton said previous cases of Uber drivers and grocery delivery companies seeking compensation for workers had remained unsuccessful.

She said that in one case, Hassan v Uber Australia, the Workers Compensation Commission found that an Uber driver couldn’t say he was even in a “service contract” with Uber Australia because the workers technically had a contract with Shaving Pacific, a company registered in the Netherlands.

In the Kahin v Uber Australia Pty Ltd case, an Uber Eats delivery woman was attacked picking up a shipment, but the arbitrator denied her request for access to documents.

Regardless of the test case, Riley Munton said delivery drivers could be covered by workers ‘compensation if state assembly makes minor changes to workers’ compensation legislation.

Currently, other independent contractors who are not employees are covered by employee compensation under specially created provisions.

“If the law were to be amended to just add a provision that cyclists are considered employees for the delivery of food for the purposes of the law and the local manifestation of the platform they contract with is the employer, there is no doubt because you’re covered, ”she said.

“In my view, all other types of” workers applicable as “are similar categories of migrant workers working for someone else’s profit, but without an employment relationship under state workers’ compensation legislation.”

Kaine said the federal government should play a role in regulating the gig economy as well.

“Grieving driver families shouldn’t have to take on multinational Goliaths like Uber, but the federal government’s refusal to enact regulations left them no choice,” he said.

Uber is invited to comment on the case.