The International Transport Workers’ Federation (ITF) congratulates affiliates Workers First Union and E tū on a landmark, unanimous victory in the Supreme Court of Aotearoa New Zealand – a ruling that confirms Uber drivers are employees, not contractors, under New Zealand law.
After years of legal challenges and following rulings in the drivers’ favour at every stage, the country’s highest court has now issued a final, definitive judgement: these workers were misclassified, and Uber must treat them as employees with full employment rights.
What the Supreme Court decided
The case was filed in July 2021 by Workers First Union and E tū on behalf of four Uber drivers. For years, the drivers and unions argued that Uber’s model deliberately denied protections including minimum wage, holiday pay, sick leave, and the right to challenge unfair treatment.
And after a lengthy legal battle, the Supreme Court agreed. Its judgment found clearly that the drivers were working “for and under the control of Uber” and were therefore entitled to the same rights as any other employee. This ruling is far more than a victory for four workers, as it opens the door for thousands of drivers to claim minimum entitlements, backpay, and restitution for years of underpayment and unpaid leave.
It also removes the final barrier to collective bargaining. Workers First Union first initiated bargaining in 2022, but Uber repeatedly resisted on the grounds that drivers were not employees. The Supreme Court has now shut that argument down. Collective bargaining can now move ahead – bringing New Zealand into alignment with the UK, France, Germany, and other countries where collective agreements for platform workers exist.
Unions and workers: “This is justice served after a long fight”
Workers First Union and E tū have hailed the decision as a watershed moment – not only for Uber drivers, but for all platform workers fighting exploitation and misclassification.
Workers First Union Deputy Secretary Anita Rosentreter said the ruling vindicates years of organising and leadership from platform workers: "The four drivers who first took Uber to court in 2021 over their misclassification have endured a four-year saga but stayed strong and united throughout. It hasn’t been easy, but it has absolutely been worth it."
"I’m delighted that we’ve joined the growing list of countries who’ve seen through the ‘contractor scam’ and will have proper judicial guidelines in place to regulate the gig economy and ensure New Zealanders aren’t exploited by predatory multinationals like Uber."
One of the original claimants, former Uber driver Nureddin Abdurahman, said the decision sends a clear message to both gig companies and government: “It’s such a relief. We always knew what was right and it has finally been confirmed by the Court. This is justice served after a long fight! We won not only in the Courts but in the community, too. The only ones left to convince are the politicians in Government who have not been listening to New Zealanders.”
Unions warn: the fight is not over
Despite the ruling, Workers First Union and E tū warn the government is proposing reforms that risk entrenching misclassification, not ending it.
The proposed Employment Relations Amendment Bill would exclude many contractors from being able to challenge their employment status in court — effectively locking in the very injustice the Supreme Court has now overturned.
Workers argue the government must now choose to uphold workers’ rights, or side with gig corporations seeking to avoid accountability.
Global significance
The New Zealand Supreme Court ruling is among the most authoritative judicial decisions anywhere in the world on platform workers’ employment status. It confirms what workers and unions worldwide have long argued: misclassification cannot be used as a loophole for gig-economy companies to bypass labour law and deny workers their rights.
ITF Asia Pacific Regional Secretary Scott McDine said: “This judgement is a major victory for workers in Aotearoa, and a powerful signal to the gig economy that labour rights cannot be sidestepped. The ITF stands in full solidarity with Workers First Union, E tū, and the thousands of workers now positioned to claim the rights and dignity they have been denied.”
ITF Future of Work Lead Baker Khundakji added: “This case shows that platform workers are not outside the protections of labour law – they are entitled to the same rights as everyone else, including the right to join a union and bargain collectively. We must ensure this momentum carries through sectors and regions, so no worker is left behind.”
Part of a global fight for a Platform Workers Convention
This victory in Aotearoa New Zealand is also a powerful step in the global fight to secure binding international standards for platform workers. Around the world, millions of app-based workers face the same tactics of misclassification, algorithmic control, low pay and exclusion from basic rights.
The ITF, alongside unions worldwide, is calling for a new Platform Workers Convention to guarantee universal rights for all workers in the gig economy including the right to organise, to bargain collectively, to fair pay, social protection, transparency in algorithmic management, and protection from unfair deactivation.
Find out more about the global campaign for a Platform Workers Convention here.
