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)

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).