Gig Economy Litigation Database
This database compiles and presents case law from around the world involving challenges to the status or rights of workers in the gig (or platform) economy. It includes litigation brought by individual workers, groups of workers and workers' organisations before judicial and quasi-judicial bodies against government or corporate actors. In addition to a summary of the facts, findings and outcome of each case, each database entry includes links to case documents and other publications of relevance for further reading.
The database aims to be a helpful resource for workers, workers' organisations, civil society and other actors. It provides a record of jurisprudence from which promising practices and successes, as well as shortcomings and lessons learned, can be drawn. It is informed by and forms part of BIICL's broader research on efforts to improve working conditions for, and promote the rights of, workers in the gig economy, in the context of BIICL's work on the GLP-Power project.
Cases
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Independent Workers' Union of Great Britain v Central Arbitration Committee (2023)
United Kingdom
(1) Did the Deliveroo riders fall within the scope of Article 11 of the European Convention on Human Rights, such that the rights conferred by that article to join and be represented by a trade union applied to them; and (2) did Article 11 require the UK
Delivery+1 -
Deliveroo Australia Pty Ltd v Franco (2022)
Australia
(1) Was the claimant an employee of Deliveroo so as to be entitled to an unfair dismissal remedy under section 394 of the Fair Work Act?; and (2) if so, was the claimant's dismissal unfair in the sense that it was harsh, unjust or unreasonable?
Unfair Dismissal -
Uber BV v Aslam (2021)
United Kingdom
(1) Were Uber drivers properly classified as "workers" within the meaning of section 230(3)(b) of the Employment Rights Act?; and if so, (2) during which periods of time could drivers considered to be working?
Employment Relationship -
Franco v Deliveroo Australia Pty Ltd (2021)
Australia
(1) Was the claimant an employee of Deliveroo so as to be entitled to an unfair dismissal remedy under section 394 of the Fair Work Act?; and (2) if so, was the claimant's dismissal unfair in the sense that it was harsh, unjust or unreasonable?
Unfair Dismissal -
Cáceres, Itatí Laura Lucía c/ Repartos Ya SA (2021)
Argentina
(1) Was the Labour Court justified in granting an injunction requiring that the claimant's access to the Pedidos Ya platform be restored and she be permitted to resume work?; and (2) if yes, should the injunction be granted until the final determination o
Employment Relationship+1 -
Case No 5 AZR 334/21 (2021)
Germany
(1) Were the general terms and conditions of the claimant's contract with Scoober valid under section 307 of the German Civil Code; and (2) if so, was the respondent obliged to provide the claimant with adequate work equipment, specifically a bicycle and
Delivery -
Indian Federation of App-Based Transport Workers v Union of India (2021)
India
(1) Do gig workers fall within the definition of 'unorganised workers' under section 2(m) of the Unorganised Workers' Social Welfare Security Act 2008 and other social security laws?; (2) if not, is the failure to include gig workers within the scope of '
Employment Relationship+1 -
Gupta v Portier Pacific Pty Ltd (2020)
Australia
(1) Did the claimant perform her delivery work pursuant to a contractual relationship with Portier Pacific; and (2) was the claimant an "employee" of Portier Pacific so as to be entitled to an unfair dismissal remedy under section 394 of the Fair Wo
Unfair Dismissal -
Razak v Uber Technologies Inc (2020)
United States
Was the District Court's grant of summary judgment, finding the claimants to be independent contractors rather than employees, inappropriate due to genuine disputes of material facts?
Transport+1 -
Case No 9 AZR 102/20 (2020)
Germany
Was the claimant an employee within the scope of section 611a(1) of the German Civil Code, or an independent entrepreneur?
Employment Relationship+1