Court Cases overview

 

Country

Platform

Associated Parties

Ruling Status

Ruling in favour of self-employed status or employee status

Ruling Date

Summary

Platform Fairwork Score

(out of 10)

Argentina Repartos Ya S.A. Repartos Ya S.A. / Deliverers Ruled in favour of workers Yes - Employee status 2021 Repartos Ya failed to disprove the presumption of employment. No ratings available
Argentina Rappi Rappi / Rojas Luis Roger Miguel y otros Ruled in favour of workers No - Platform ban 2019 The judge finds that the denial of access to the platform for the riders and drivers petitioning multiple complaints regarding the working conditions is a violation of the right to freedom of association.

0

Fairwork Ratings

Australia Uber Uber / Australian Competition and Consumer Commission Ruled in favour of workers No - misleading representation of fares and fees 2022 An Australian court has fined Uber 14 million dollars for threatening cancellation fees it never charged and overstating fare estimates on some rides. No ratings available
Australia Deliveroo Deliveroo / Mr Franco Ruled in favour of workers Yes - Employee status 2021 The Fair Work Commission (FWC) found that Mr Franco was an employee and was unfairly dismissed. No ratings available
Belgium Deliveroo Deliveroo / Riders Ruled in favour of workers Yes - Employee status 2023

Deliveroo couriers should be classed as employees.

1

Fairwork Ratings

Brazil Uber, et al. Supremo Tribunal Federal In progress   2024

The first ruling by the Federal Supreme Court on the possibility of standardising the relationship between platforms and workers is in favour of such a practice.
An emblematic case to be decided by the court would serve as a guide for all instances across the country.

0

Fairwork Ratings

Brazil iFood 0000531-27.2023.5.07.0013 Ruled in favour of workers Yes - Employee status 2024

The 13th Labour Court of Fortaleza recognised the employment relationship between a rider and the company Ifood.

2

Fairwork Ratings

 

Brazil iFood   Ruled against workers Yes - Employed status 2023

The 3rd Labor Court of Campo Grande in Mato Grosso recognized the employment relationship between iFood and one of its drivers

2

Fairwork Ratings

Brazil Rappi
Ministério Público do Trabalho / Rappi
Ruled against workers Yes -Self-employed status 2023

November 2023: The Federal Supreme overturned the October decision.

October 2023: A regional labor court sentenced Rappi to hire all the drivers who worked for the platform for at least six months between 2017 and May 2023.

0

Fairwork Ratings

Brazil Ixia Gerenciamento de Negócio Ltda Ministério Público Do Trabalho (MPT) / Ixia Gerenciamento de Negócio Ltda Ruled in favour of workers Yes - Employee status 2022 The relationship between Ixia Gerenciamento de Negócio Ltda and its crowd workers is an employment relation.

0

Fairwork Ratings

Canada Uber Uber Technologies Inc. v. Heller Ruled in favour of workers No - Arbitration agreement 2020 The Supreme Court of Canada held that Uber’s arbitration agreement with its drivers was invalid — largely on the basis that it prescribed the Netherlands as the place of arbitration. No ratings available
Finland Wolt Wolt / Hämeenlinna Administrative Court Ruled against workers Yes - Self-employed status 2024 Wolt couriers are self-employed rather than employees.

 

France Deliveroo Deliveroo / Riders Ruled in favour of workers Yes - Employee status 2022 The Labor Court reclassified the service contract of four couriers as a contract of work. Deliveroo was ordered to pay 9.7 million euros of social security contributions.

4

Fairwork Ratings

France Uber

Cour de cassation

Ruling n° 374 FP-P+B+R+I

Ruled in favour of workers Yes - Employee status 2020

The Cour de Cassation ruled that a former Uber driver should have been considered an employee instead of a self-employed partner.

4

Fairwork Ratings

France Take Eat Easy Ruled in favour of workers Yes - Employee status 2018 The Cour de Cassation ruled that the Take Eat Easy riders were employees. No ratings available
Germany Lieferando   Ruled in favour of workers No - Working conditions 2021 The Federal Court in Erfurt decided that Lieferando must provide couriers with work equipment.

7

Fairwork Ratings

Germany Crowdworkers Bundesarbeitsgericht / Crowdworkers Ruled in favour of workers Yes - Employee status 2020 For the first time ever, the German Federal Labour Court (Bundesarbeitsgericht) has recognised a crowdworker as having the legal status of an employee. Fairwork Ratings
India Urban Company Urban Company / Gurugram District Court The suit was withdrawn No - Right to strike 2022 Urban Company filed a lawsuit in the Gurugram district court against its “partners” for protesting against the company’s alleged “unfair labour practices”. At first, the court restrained the protesters from holding demonstrations in front and the back gate of the plaintiff’s company office within the 100-meter area. Then, it found the company’s filings “devoid of merits”, and Urban Company withdrew the suit.

5

Fairwork Ratings

India Ola Uber / Delhi Commercial Driver Union The petition was withdrawn Yes - Employee status 2017 The unions of Ola and Uber drivers claimed that the drivers are entitled to basic labour protection since they should be classified as workmen. However, the petition was withdrawn.

0

Fairwork Ratings

India Uber Uber / Delhi Commercial Driver Union The petition was withdrawn Yes - Employee status

2017

The unions of Ola and Uber drivers claimed that the drivers are entitled to basic labour protection since they should be classified as workmen. However, the petition was withdrawn.

1

Fairwork Ratings

Italy

Foodinho (Glovo)

Foodinho (Glovo) / Riders Ruled in favour of workers No - algorithms 2023 Foodihno's selection system (Glovo) has been found to be discriminatory. No ratings available
Italy

Uber Eats

Deliveroo

Uber Eats & Deliveroo / Riders Ruled in favour of workers Yes - Employee status 2023 The Labour Section of the Milan Court ordered Deliveroo and Uber Eats to pay their riders social security and pension contributions. No ratings available
Italy Uber Eats Uber Eats / Riders Ruled in favour of workers Yes - Employee status 2023 The dismissals of 4,000 Uber Eats riders are "illegitimate."
No ratings available
Italy Glovo Foodinho (Glovo) / NIdiL, Filt, Filcams, and CGIL Ruled in favour of workers Yes - Employee status 2023 Foodhino (Glovo) must pay arrears to two riders starting in 2019. The entire shift in which the rider is logged into the platform is considered work time and has to be paid consequently. No ratings available
Italy Glovo Glovo / CGIL Ruled in favour of workers No 2023 The platform must explain how its algorithm works in the rides’ allocation. No ratings available
Italy Deliveroo Deliveroo / Worker Ruled in favour of workers Yes - Employee status 2023 The Court of Appeal of Milan has decided in favour of the employee status of a Deliveroo rider. No ratings available
Italy Glovo Glovo / Workers Ruled in favour of workers Yes - Employee status

2022

Milan’s Labour Court ordered Glovo to reintegrate a rider that had been disconnected and to give him an employment contract. No ratings available
Italy Foodinho (Glovo) Francia Enrico / Foodinho (Glovo) Ruled in favour of workers Yes - Employee status

2022

The Labour Section of the Turin Court recognised the rider Enrico Francia the application of the National Collective Agreement for Tertiary, Distribution, and Services as a consequence of his employment relationship with Foodinho (Glovo). No ratings available
Italy Foodinho (Glovo) Tuttolomondo Marco/ Foodinho (Glovo) Ruled in favour of workers Yes - Employee status

2020

An employment relationship exists between Foodinho and the rider making the recourse. No ratings available
Italy Foodora Foodora / Riders Ruled against workers Yes - Self-employed status (with benefits)

2018

The Court recognized Foodora riders as independent contractors. In 2019, the Court of Appeal confirmed the ruling. Nonetheless, they should have some benefits: the labor law should classify their job as between salaried and independent work. Foodora appealed. In 2023, the Court of Cassation rejected the appeal. No ratings available
Kenya Uber Uber / Kanuri Limited & 34 others Ruled in favour of workers No 2021 In 2016, Uber claimed that the group of 34 drivers had not entered into contracts with them but had done so with Uber BV in Amsterdam. In 2021, the High Court of Kenya concluded that all disputes had to be settled locally.
In 2022, Uber has appealed to Kenya’s apex court.

2

Fairwork Ratings

Mexico Uber   Ruled against workers No - Business authorisation

2023

Two judges in the Federal court in Quintana Roo ruled that Uber could legally operate in Cancun without the same licenses and permits that taxi drivers must have.

0

Fairwork Ratings

Netherlands Deliveroo DELIVEROO NETHERLANDS B.V., / FEDERATIE NEDERLANDSE VAKBEWEGING (FNV) Ruled in favour of workers No - Collective agreement

2023

The sectoral collective agreement and pension fund for logistics applies to the company's riders. No ratings available
Netherlands Ola Cabs

OLA NETHERLANDS B.V. / [appellant sub 1] [appellant sub 2] [appellant sub 3]

Ruled in favour of workers No

2023

Three drivers were denied access to their personal data. Ola Cabs was ordered to disclose meaningful information about the use in automated decision-making of worker earnings profiles and scores. No ratings available
Netherlands Uber

UBER B.V. / [appellant sub 1] [appellant sub 2] [appellant sub 3] [appellant sub 4] [appellant sub 5] [appellant sub 6]

Ruled in favour of workers No

2023

The court found that six drivers had been robo-fired by Uber without appeal. 'There was thus insufficient evidence of actual human intervention.” No ratings available
Netherlands Uber

UBER B.V. / [appellant sub 1] [appellant sub 2] [appellant sub 3] [appellant sub 4]

Ruled in favour of workers No

2023

The court ordered that Uber must explain how driver personal data and profiling are used in Uber’s upfront, dynamic pay and pricing system.

On October 6, 2023, the District Court of Amsterdam ordered Uber to pay €584,000 in penalties for failure to comply with the court order for algorithmic transparency.

No ratings available
Netherlands Deliveroo

Deliveroo Netherlands B.V. / Federatie Nederlandse Vakbeweging

Ruled in favour of workers Yes - Employee Status

2023

The agreements between Deliveroo and its couriers qualify as employment contracts. No ratings available
Netherlands Uber DELIVEROO NETHERLANDS B.V., / FEDERATIE NEDERLANDSE VAKBEWEGING    

2022

The decision of 13 September 2021 is suspended. No ratings available
Netherlands Uber Uber / Staat der Nederlanden Ruled in favour of workers No

2022

The decision to declare the Taxi Transport CBA generally binding was valid. No ratings available
Netherlands Deliveroo DELIVEROO NETHERLANDS B.V., / FEDERATIE NEDERLANDSE VAKBEWEGING (FNV) Ruled in favour of workers No

2021

Deliveroo falls under the generally binding collective labour agreement for Professional Freight Transport. No ratings available
Netherlands Helpling HELPLING NETHERLANDS B.V., / FEDERATIE NEDERLANDSE VAKBEWEGING and [appellante sub 2] Ruled against workers Yes - Employee status

2021

The collective labour agreement for cleaning work is not applicable. A temporary employment agreement exists between the digital platform Helpling and its cleaners because the households structurally employ them. No ratings available
Netherlands Uber Uber B.V. / Federatie Nederlandse Vakbeweging Ruled in favour of workers Yes - Employee status

2021

The Taxi Transport Collective Labour Agreement (CAO Taxivervoer) covers Uber drivers. The legal relationship between Uber and these drivers meets all the characteristics of an employment contract. No ratings available
Netherlands Ola OLA NETHERLANDS B.V. / [verzoeker 1], [verzoeker 2], [verzoeker 3] Ruled in favour of workers No - Data access

2021

Ola must provide access to drivers' personal data. No ratings available
Netherlands Uber UBER B.V. / [verzoeker 1], [verzoeker 2], [verzoeker 3], [verzoeker 4], [verzoeker 5], [verzoeker 6], [verzoeker 7], [verzoeker 8], [verzoeker 9], [verzoeker 10] Ruled in favour of workers No - Data access

2021

Uber must provide access to drivers' personal data. No ratings available
Netherlands Uber

UBER B.V. / [eiser 6]

Ruled in favour of workers No - Unfair dismissals by the algorithm

2021

The Amsterdam District Court has ordered Uber to reinstate five UK drivers and one Dutch driver and pay compensation after they were unlawfully dismissed by algorithmic means. No ratings available
Netherlands Deliveroo

DELIVEROO NETHERLANDS B.V. / FEDERATIE NEDERLANDSE VAKBEWEGING

 

Ruled in favour of workers Yes - Employee status

2021

Deliveroo riders are not self-employed, but work for the company on the basis of an employment contract. No ratings available
Netherlands Deliveroo Deliveroo Netherlands B.V. / Stichting Bedrijfstakpensioenfonds voor het Beroepsvervoer over de weg Ruled in favour of workers No - Pension fund

2019

Deliveroo is obliged to participate in the industry-wide pension fund for professional road transport. No ratings available
Netherlands Helpling Helpling Netherlands B.V. / Federatie Nederlandse Vakbeweging Ruled against workers Yes - Self-employed status

2019

There is no employment relationship between Helpling and its cleaners. No ratings available
Netherlands Deliveroo Deliveroo Netherlands B.V. / Federatie Nederlandse Vakbeweging Ruled in favour of workers No - collective agreement 2019 Deliveroo falls under the scope of the provisions of the Collective Labour Agreement for Professional Transport of Goods. No ratings available
Netherlands Deliveroo Deliveroo Netherlands B.V / Federatie Nederlandse Vakbeweging Ruled in favour of workers Yes - Employee status

2019

The relationship between Deliveroo and its drivers still qualified as an employment contract No ratings available
Netherlands Deliveroo DELIVEROO NETHERLANDS B.V., / [eiser] Ruled against workers Yes - Self-employed status

2018

The Court of Amsterdam ruled that the agreement that a rider entered into with Deliveroo does not count as an employment contract. No ratings available
New Zealand E Tu Inc & Anor v Rasier Operations Bv & Ors E Tu Inc & Anor v Rasier Operations Bv & Ors Ruled in favour of workers Yes - Employee status

2022

Four drivers were found to be employees of Uber. No ratings available
New Zealand Rasier New Zealand Ltd & Uber BV Rasier New Zealand Ltd & Uber BV / Arachchige Ruled against workers Yes - Self-employed status

2020

The Employment Court ruled against the classification of the complainant as an employee of Uber. No ratings available
Nigeria Uber Cheick Ouedraogo v. Uber Technologies System Nigeria Ltd
& 2 Ors
Ruled in favour of workers Yes - Employee status

2022

The court ordered Uber to pay damages to 'ex-employee' over workplace harassment, victimization, and wrongful termination of employment.

The Court also affirmed the principle of co-employer liability in employment relations.

0

Fairwork Ratings

Nigeria Uber Oladapo Olatunji and Daniel John (Representing themselves and other Uber and Taxify Drivers) v. Uber Technologies System Nigeria Limited & Taxify Technology Nigeria Limited Ruled against workers Yes - Self-employed status

2018

The claimants argued that the drivers working for Uber are employees. The court dismissed the case as the claimants could not prove their case.

0

Fairwork Ratings

Philippines foodpanda foodpanda / Davao United Delivery Riders Association Inc. (DUDRAI) Ruled in favour of workers Yes - Self-employed status

2022

The National Labor Relations Commission stated that foodpanda illegally dismissed riders who were regular employees.

0

Fairwork Ratings

Philippines Grab Grab / Smith&Williamson, independent monitoring trustee Ruled in favour of workers No

2019

The Phillippine Competition Commission fined Grab. Notably, the fine could not be passed on to the riders or customers of the service.

3

Fairwork Ratings

Portugal Glovo Glovo /Rider No agreement reached Yes

2023

Glovo did not reach an agreement with another courier demanding to be recognized as a dependent worker. No ratings available
Portugal Glovo Glovo /Rider No agreement reached Yes

2023

A courier filed a lawsuit before the Labor Court of Port to claim the formalization of an employment contract. No ratings available
South Africa Uber Uber South Africa Technology Services (Pty) Ltd v National Union of Public Service and Allied Workers (NUPSAW) and Others Ruled against workers  

2018

Drivers of Uber SA are not employees of Uber SA. Uber SA and Uber BV, established in the Netherlands, are separate legal entities.

2

Fairwork Ratings

Spain Stuart Stuart / Juzgado de lo Social número 18 de Barcelona Ruled in favour of workers Yes - Employee status 2024 Stuart has been ordered to pay 237,000 euros to the General Social Security Fund for the contributions of 108 delivery workers.  
Spain Glovo Amazon / Juzgado de lo Social número 42 de Madrid Ruled in favour of workers Yes - Employee status 2024 Madrid's Social Court number 42 has condemned Amazon for hiring 3,688 delivery workers as false self-employed workers between October 2019 and November 2021. No ratings available
Spain Glovo Glovo / Juzgado de lo Social número 4 de Madrid Ruled in favour of workers Yes - Employee status 2023 The Social Court number 4 of Madrid recognized an employment relationship between Glovo and 280 riders in Murcia and Cartagena. No ratings available
Spain Clintu Online S.L.com Clintu / Juzgado de lo social número 15 de Barcelona Ruled in favour of workers Yes - Employee status 2023 The Social Court, n.º15 of Barcelona, upheld the claim presented by the General Treasury of Social Security against the cleaning service platform Clintu Online S.L.com, recognizing 505 workers as employees. No ratings available
Spain Ride-hailing platforms Platforms / CJEU Ruled against companies No 2023 The Court of Justice of the European Union (CJEU) concludes that the limitation of one license for Transport Vehicles with a Driver (VTC) for every 30 taxis goes against the law of the European Union. No ratings available
Spain Glovo Glovo / Inspección de Trabajo y Seguridad Social Madrid Ruled in favour of workers Yes - Employee status 2023 The Labour and Social Security Inspectorate in Madrid proposed a penalty of €57 million on delivery company Glovo for false classification of self-employed workers and illegal employment of migrant workers. No ratings available
Spain Glovo Glovo / Riders (Juzgado de lo Social nº 1 de Pamplona) Ruled in favour of workers Yes - Employee status 2022 The Social Court of Pamplona declared that there was an employment relationship between 207 Glovo riders and the company itself from October 2018 to August 2019. Glovo appealed against the ruling, but in September 2023, the court rejected the appeal. No ratings available
Spain Glovo Glovo App 23 / Riders Ruled in favour of workers Yes - Employee status 2022 The Social Court number 3 of Córdoba recognized riders as employees, not self-employed workers. No ratings available
Spain Glovo Glovo / J.Parrado Ruled in favour of workers Yes - Employee status 2021 Glovo unjustifiably disconnected the rider's account without prior notice. The ruling condemned Glovo for unfair dismissal to compensate him with 3,349 euros. No ratings available
Spain Portier Eats Spain S.L Portier Eats Spain / FeSMC-UGT and CCOO

Ruled in favour of workers No 2021 After the collective dismissal of more than 4,000 Uber delivery drivers, Portier Eats Spain must pay each affected rider 45 days' salary per year of service, with minimum compensation, depending on seniority and the remuneration received in the last year. No ratings available
Spain Deliveroo Juzgado de lo Social nº 24 de Barcelona Ruled in favour of workers Yes - Employee status 2021 The Barcelona Court ruled that Deliveroo riders should be considered employees rather than independent contractors. No ratings available
Spain Deliveroo Roofoods Spain S.L. / TRESORERIA GENERAL DE LA SEGURETAT SOCIAL Ruled in favour of workers Yes - Employee status 2020 The Social Court No. 24 of Barcelona determined that 748 Deliveroo riders operated as false self-employed and recognized the employment relationship between the riders and the company. No ratings available
Spain Glovo TRIBUNAL SUPREMO (Recurso de casación para la unificación de doctrina) Ruled in favour of workers Yes - Employee status 2020 The High Court declared the existence of an employment relationship between Glovo and a delivery driver. No ratings available
Spain Deliveroo ROOFOODS SPAIN SL (DELIVEROO) / FONS DE GARANTIA SALARIAL (FOGASA) Ruled in favour of workers No 2019 The court declared the existence of a violation of fundamental rights in the company's conduct to terminate a group of workers' contracts. No ratings available
Spain Deliveroo TESORERÍA GENERAL DE LA SEGURIDAD SOCIAL / ROODFOODS SPAIN S Ruled in favour of workers Yes - Employee status 2019 The Valencia court ruled that Deliveroo wrongly hired 97 riders as self-employed contractors instead of regular workers. No ratings available
United Kingdom (the) Deliveroo IWGB / Central Arbitration Committee and another Ruled against workers Yes - Self-employed status

2023

The Supreme Court has ruled that Deliveroo riders do not have the right to collective negotiations on pay and conditions because they are ‘self-employed’.

3

Fairwork Ratings

United Kingdom (the) Uber

UBER BRITANNIA LIMITED
v. SEFTON METROPOLITAN BOROUGH COUNCIL

 

Ruled in favour of workers No 2023 Uber sued Sefton Council in Merseyside over VAT terms for operators outside London. Currently, private hire operators do not pay VAT as the individual drivers are usually classed as independent, self-employed contractors. On July 28, the High Court confirmed that a passenger entered into a contract of hire with the minicab operator, not the driver. “A properly regulated and remunerated pool of drivers benefits public safety.

4

Fairwork Ratings

United Kingdom (the) Uber Uber B.V and others vs Aslam and others Ruled in favour of workers Yes - Employee status

2021

 

The UK Supreme Court has ruled that Uber drivers should be classed as workers with access to minimum wage and paid holidays.

4

Fairwork Ratings

United Kingdom (the) City Sprint City Sprint UK Ltd / London South Employment Tribunal Ruled in favour of workers No - Holiday pay

2020

The cycle couriers were workers both before and after the new contract they had to sign in 2017 and therefore have a claim to holiday pay. No ratings available
United Kingdom (the) City Sprint City Sprint & Revisecatch / Dewhurst Ruled in favour of workers Transfer of undertakings 2019 Gig economy workers are protected under TUPE (Transfer of Undertaking  Protection of Employment) regulations. Under TUPE, 'employees' are entitled to maintain the same level of protection and rights that they had prior to the transfer in case of a transferring business/service contract to a new owner/contractor. No ratings available
United Kingdom (the) Addison Lee Limited Addison Lee Limited/ (1) MR M LANGE (2) MR M OLSZEWSKI
(3) MR M MORAHAN
Ruled in favour of workers Yes - Employee status 2018 Drivers are considered employees under the Working Time Regulations 1998 and the National Minimum Wage 1998.

No ratings available

United Kingdom (the) Hermes Hermes / GMB Ruled in favour of workers Yes - Employee status 2018 An employment tribunal found that a group of 65 Hermes couriers are workers, not self-employed.

No ratings available

United States (the) Amazon Amazon / Amazon drivers Ruled in favour of workers Yes - Employee status 2024 The Wisconsin Supreme Court has ruled that Amazon Flex delivery drivers are employees.

 

United States (the) DoorDash, Grubhub, Uber Food delivery companies / riders Ruled in favour of workers No - Minimum pay 2023 The judge, Nicholas Moyne, said New York City regulators could raise minimum wages for app-based food delivery workers.

0

US Ratings

United States (the) Uber Uber / Erik Adolph Ruled in favour of workers No - Right to sue 2023 The California Supreme Court allowed workers to sue for labor law violations on the state’s behalf.

0

US Ratings

United States (the) Ride-hailing and food delivery companies Ride-hailing and food delivery companies / The State of California Ruled against workers Yes - Self-employed status 2023 A California appeal court reversed a lower-court ruling that found Proposition 22 to be illegal.

0

US Ratings

United States (the) Uber Uber / The State of California Ruled in favour of workers Yes - Employee status 2020 A California appeal court said Uber and Lyft must classify their drivers as employees.

0

US Ratings

United States (the) Lyft Lyft / The State of California Ruled in favour of workers Yes - Employee status 2020 A California appeal court said Uber and Lyft must classify their drivers as employees.

0

US Ratings

United States (the) Dynamex Dynamex / Charles Lee et al. Ruled in favour of workers Yes 2018 California’s Supreme Court set a strict new standard that made it harder for companies to classify workers as independent contractors.

0

US Ratings

A note to the reader: This dataset is only intended to provide a flavour of the court case ruling. We suggest you go through the details provided in the links, if you wish to know more about a particular case.

Legenda:

1 - Country: country or jusridiction where case in question was filed

2- Platform

3- Associated Parties: party 1 vs party 2

4 - Ruling status: (1) ruling in court/progress (2) ruled against workers (3) ruled in favour of workers

5 - Ruling in favour of self-employed status or employee status

6 - Ruling date wherever applicable

7 - Summary: a maximum two line summary of the case

8 - Ratings: score of associated platform (if it exists) with a link to the ratings page on the Fairwork website

 

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