CCMA says SA’s Uber drivers are employees, but Uber still disagrees
In determining that Uber drivers are not contractors but employees of Uber SA‚ the Commission for Conciliation‚ Mediation and Arbitration’s (CCMA’s) starting point was the Labour Relations Act (LRA). Earlier in July, the CCMA ruled on the status of eight Uber drivers, after the company had raised a preliminary point that the commission had no jurisdiction to hear unfair dismissal disputes referred to it by the drivers. The drivers had been "deactivated" by Uber‚ meaning they could not work for Uber. In terms of Uber’s business model, the drivers contracted to its services use their own cars. There is a raging debate in countries where Uber operates on whether the drivers are employees or contractors. The starting point for commissioner Winnie Everett’s analysis was section 213 of the LRA. The section defines an employee as any person‚ excluding an independent contractor‚ who works for another person and who receives any remuneration. The section also states that an employee is also ...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.