When any company, like a courier company in Melbourne, is accused of unfairly treating it workers, its case is taken to the Fair Work Commission, who determines how the companies treated their workers.
One such case involves a food delivery rider working for the food company, Foodora, who got the boot from the company following his public criticism the conditions he and his fellow workers endured. The case was taken to the FWC, who ruled in favour of the courier.
Josh Kluger, 28, recently got fired by the food company in March, after taking part in a public rally in Melbourne, following worsening working conditions in the food and courier company in Melbourne, problematic of the sign of the gig economy in the country.
On November 16, Friday, the Fair Work Commission came to the conclusion that Kluger was unfairly dismissed by the company. Its ruling was that, Mr. Kluger was actually an employee of the company, not a contracted worker, which was Foodora’s arguments for the case.
According to the report on the matter from the FWC, the true reason for the dismissal of Kluger by Foodora was neither sound, defensible, nor well-founded.
Earlier that day, creditors voted in agreement to accept the food giant’s offer of paying $3m to riders and local tax authorities.
The Australian Transport Workers’ Union said that Foodora’s parent company, Delivery Hero, owed its riders unpaid superannuation, and that the company also undercut the Australian Tax Office, as well as Revenue NSW.
Union spokesperson Tony Sheldon revealed that the Fair Work Commission’s decision was a world first, saying that they had not seen such a decision, where an employment tribunal, or a similar institution, officially designated riders as employees of their company.
Mr. Kluger, who is set to receive at least $15,000 in compensation from Foodora, admitted that he had his doubts about whether or not his case would win; he was, after all, going up against a global company.
Kluger expresses surprise on the matter, saying that he never expected things to go this way. He has, however, stated adamantly that riders like him should be able to earn a good living, and not see their pay go down the tubes.