👨‍⚖️ Supreme Court Confirms Uber Drivers Are Employees

Wellington, 17 November 2025 – The Supreme Court of New Zealand has today dismissed Uber’s appeal and upheld earlier rulings that drivers using the Uber Rides platform are employees when logged into the app, not independent contractors

In a landmark decision (Rasier Operations BV & Ors v E Tū Incorporated & FIRST Union Incorporated [2025] NZSC 162), the Court confirmed that the real nature of the relationship between Uber and its drivers falls within the definition of “employee” under section 6 of the Employment Relations Act 2000. This means drivers are entitled to statutory employment protections, including minimum wage, holiday pay, and the right to union representation

Chief Justice Winkelmann and Justices Glazebrook, Ellen France, Williams, and Miller found that:

🏷️ Uber is in the business of providing passenger transport services, not merely a technology platform

🏷️ Drivers are integral to Uber’s business and operate under significant control, including pricing, performance standards, and disciplinary processes

🏷️ Contractual terms describing drivers as independent contractors were considered “window-dressing” and did not reflect the reality of the working relationship

The Court emphasised that employment status must be determined by the real nature of the relationship, not by labels in contracts. It noted that Uber’s ability to unilaterally set fares, monitor drivers, and impose sanctions demonstrated a high level of control inconsistent with genuine independent contracting.

The appeal was dismissed, and Uber was ordered to pay costs of $50,000 plus disbursements

⚡ Significance:

 This decision aligns New Zealand with international trends recognizing gig economy workers as employees and is expected to have wide-ranging implications for digital platforms operating in the country

Quote from Respondents:

 “This ruling is a major victory for fairness in the gig economy. It ensures that drivers receive the protections and rights they deserve,” said representatives from E Tū and FIRST Union.