1 00:00:00,080 --> 00:00:02,320 Speaker 1: The New Zealand UBA drivers have won their cases. You 2 00:00:02,320 --> 00:00:04,560 Speaker 1: will aware on this appeals court. The appeals court agrees 3 00:00:04,600 --> 00:00:07,080 Speaker 1: with the employment court, which is where it started, that 4 00:00:07,200 --> 00:00:10,520 Speaker 1: Uber drivers should be employees, not contractors. Now, other courts 5 00:00:10,560 --> 00:00:12,840 Speaker 1: in other countries have broadly come down on the same lines, 6 00:00:12,880 --> 00:00:15,200 Speaker 1: but as I told you last week, not in California. 7 00:00:15,240 --> 00:00:18,320 Speaker 1: In California are the court their highest court there agreed 8 00:00:18,360 --> 00:00:20,759 Speaker 1: with the people, and the people had voted in a 9 00:00:20,760 --> 00:00:25,279 Speaker 1: proper proposition that drivers should be contractors because that's what 10 00:00:25,480 --> 00:00:28,720 Speaker 1: drivers signed up to. So you can ask the question, 11 00:00:28,800 --> 00:00:31,880 Speaker 1: I suppose, is democracy right as it in California? Or 12 00:00:31,960 --> 00:00:33,720 Speaker 1: is the court right asn't here? Now the court, he 13 00:00:33,800 --> 00:00:36,160 Speaker 1: has said, the critical point is we think that while 14 00:00:36,159 --> 00:00:38,600 Speaker 1: the driver is logged into the driver app, that driver 15 00:00:38,680 --> 00:00:41,360 Speaker 1: has no opportunity to establish any business goodwill of their own. 16 00:00:41,400 --> 00:00:43,440 Speaker 1: Now I guess that's true. I guess, but didn't make 17 00:00:43,440 --> 00:00:46,720 Speaker 1: any sense to me. In a pure gig model, you 18 00:00:46,760 --> 00:00:49,400 Speaker 1: get to choose right you work, you know work. It's 19 00:00:49,440 --> 00:00:53,160 Speaker 1: about flexibility the moment you're an employee, Yes, you get leave, 20 00:00:53,640 --> 00:00:56,400 Speaker 1: but you also lose some control. Despite what the court 21 00:00:56,400 --> 00:00:59,280 Speaker 1: and the four drivers think, some people actually like flexibility 22 00:00:59,280 --> 00:01:03,120 Speaker 1: in freedom drivers. The court said couldn't bargain with Uber, 23 00:01:03,360 --> 00:01:05,640 Speaker 1: and that is of course correct, but that's the whole 24 00:01:05,720 --> 00:01:08,160 Speaker 1: point of a gig deal. The gig deal is predicated 25 00:01:08,200 --> 00:01:09,959 Speaker 1: on the idea that if the deal is so bad, 26 00:01:10,040 --> 00:01:12,040 Speaker 1: no one's going to work for them. And the counter 27 00:01:12,120 --> 00:01:14,319 Speaker 1: to the no bargain and all the other lack of 28 00:01:14,360 --> 00:01:18,360 Speaker 1: overarching rules and regulations. Is it simple to take it 29 00:01:18,560 --> 00:01:20,560 Speaker 1: or leave it. That's what it is. It's a take 30 00:01:20,560 --> 00:01:23,040 Speaker 1: it or leave it proposition. If you find it too egregious, 31 00:01:23,560 --> 00:01:26,759 Speaker 1: don't take it. If you want a union and industrial 32 00:01:26,800 --> 00:01:29,039 Speaker 1: action and pay agreements and time and liew and stop 33 00:01:29,080 --> 00:01:31,880 Speaker 1: work meetings, be a teacher or a nurse. The tricky part, now, 34 00:01:32,160 --> 00:01:33,679 Speaker 1: apart from the fact Uber will take it to the 35 00:01:33,680 --> 00:01:36,040 Speaker 1: Supreme Court, which they should, is that the government are 36 00:01:36,080 --> 00:01:38,360 Speaker 1: reviewing this workplace relations as we mentioned with Brook a 37 00:01:38,400 --> 00:01:41,039 Speaker 1: Marma ago, and given it's driven by Act I, suspect 38 00:01:41,440 --> 00:01:43,080 Speaker 1: it will be looking to free things up a bit. 39 00:01:43,280 --> 00:01:45,360 Speaker 1: And this court case and its decision may well be 40 00:01:45,400 --> 00:01:47,800 Speaker 1: a victim of what eventually gets past is law. No 41 00:01:48,000 --> 00:01:49,960 Speaker 1: we don't I get it. No, we don't want seven 42 00:01:50,040 --> 00:01:53,080 Speaker 1: year olds going down minds or up chimneys, hence we 43 00:01:53,120 --> 00:01:56,360 Speaker 1: need protections. But it's not Victorian England, it's New Zealand 44 00:01:56,360 --> 00:01:58,560 Speaker 1: twenty twenty four. And if you choose to be your 45 00:01:58,600 --> 00:02:00,720 Speaker 1: own person, all power to you, and the courts can 46 00:02:00,800 --> 00:02:03,559 Speaker 1: stay out of your life. For more from The Mic 47 00:02:03,560 --> 00:02:06,680 Speaker 1: Asking Breakfast, listen live to News Talks at B from 48 00:02:06,760 --> 00:02:10,200 Speaker 1: six am weekdays, or follow the podcast on iHeartRadio