Posted by New Zealand might be among the first countries in the world to recognise Uber drivers as employees rather than contractors [following France, UK and the State of California].
In her summing up, the Judge was clear about the “strong social purpose” in NZ employment law.
It’s not clear yet if this has any implications for IT Contractors.
Employee versus Contractor
Inglis [the Judge] noted observations elsewhere about “platform entrepreneurs going to considerable lengths to create structures to allow them to assert that they are not the employers of those performing the work, and that the workers are not employees”.
“As I have said, Uber’s structural complexity is a matter for it. But the applicable employment laws in New Zealand do not allow it to have its cake and eat it too,” she said.
“If it did, the strong social purpose imbedded in the Employment Relations Act would be seriously undermined.”
Employees have protections and entitlements not available to contractors. For example, employees can get damages and other remedies for unjustified dismissal, discrimination or disadvantage. They’re also protected from exploitation by statutes like minimum wage entitlement, holiday entitlement, sick and bereavement leave and parental leave.
Learn more at the IT Contractors Meetup Group
Consult our ‘tame’ accountant Peter Taylor from BDS Accounting and Tax who is a friend of Resourcefully and available for all our members to consult. Contact Peter Taylor via LinkedIn.
He will answer questions about Contractor versus Employee