Cloisters’ Sheryn Omeri, who, together with Jason Galbraith-Marten QC, acted for the lead Claimant Uber drivers in Aslam & Farrar v Uber in which judgment was handed down by the Supreme Court in February 2021, is instructed to act for four Australian Uber drivers and the Rideshare Drivers Network in a test case which will determine whether Australian Uber drivers are employees rather than independent contractors as Uber claims. Unlike in the UK, in Australia, the intermediate status of “worker” does not exist. As a result, the Court will be required to apply the more stringent test to determine whether Australian Uber drivers fall within the definition of “employees.”
There are between 80,000 and 100,000 Uber drivers in Australia. In view of this, the outcome of the case will have significant ramifications.
Sheryn is the only barrister in the world to be instructed on two employment status cases against Uber across different jurisdictions.
Sheryn is dual-qualified and practises in both the UK and Australia.
Proceedings were filed in the Melbourne Registry of the Federal Court of Australia on Friday, 30 July. The case was reported in the Australian press, today: