The question of whether Uber drivers are independent contractors or employees remains contentious in South Africa. In Uber South Africa Technological Services (Pty) Ltd v NUPSAW and others, the factors came under scrutiny. The CCMA in this case was called upon to decide whether Uber drivers are employees of Uber for the LRA, as defined in section 213 of the Act. Uber brought a review application with the Labour Court, and the court decided that Uber does not have jurisdiction to have entertained the matters around Uber’s operations and conflating Uber SA and Uber Bv; however, the court decided not to pronounce if whether or not Uber drivers are employees. The UK decision was evaluating the fact that Uber drivers work for Uber, not as agents based on their contracts.

Source: News 24 February 27, 2021 11:37 UTC