Source: Workers First Union
Uber drivers will be celebrating this afternoon following an historic judgment from the Supreme Court that Uber’s appeal of the 2022 Employment Court and 2024 Court of Appeal judgments has been thrown out. Workers First is now calling for the Government to halt Minister Brooke van Velden’s “Employment Relations Amendment Bill”, which intends to enshrine worker misclassification in law on behalf of companies like Uber.
The Supreme Court judgment, relating to four current and former Uber drivers who ‘tested’ their employment status under section 6 of the Employment Relations Act alongside Workers First Union and E tū, dismissed the appeal from Uber with 5-0 Justices unanimously voting in favour of the drivers. The Court found that “overall the factors pointing away from employee status are outweighed by those pointing towards it. The four drivers were therefore employees.”
The judgment paves the way for thousands of Workers First Union members to pursue full employment rights, including restitution for historic underpayment of wages and entitlements. The union will now be progressing collective bargaining (which was initiated by the union in 2022 and resisted by Uber) on behalf of Uber drivers, as already exists in various forms in overseas jurisdictions like the UK, France and Germany.
“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,” said Anita Rosentreter, Workers First Deputy Secretary. “It hasn’t been easy, but it has absolutely been worth it.”
The four original claimants are Nureddin Abdurahman, Julian Ang, Bill Rama and Lalogafau Mea’ole Keil.
“I am beyond proud of Nureddin, Julian, Bill and Mea’ole, and I hope that New Zealand can appreciate the magnitude and significance of what they’ve done on behalf of every worker in the country who has been subject to this method of exploitation by employers like Uber.”
“I also want to thank both unions’ legal counsel, Peter Cranney, Grace Liu and Emily Griffin, for their immense efforts in advocating for fairness and workers’ rights in the gig economy. They have given years of their lives to this process, and it should not go unacknowledged.”
Uber drivers react
“It’s such a relief,” said Nureddin Abdurahman, a former Uber driver and one of the four original claimants in the Court process. “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.”
“Uber drivers are workers like anyone else and deserve the same rights and protections in their jobs. It makes me frustrated and angry that the Government could still ignore this judgment and continue stabbing us in the back by making laws to benefit multinationals like Uber.”
“I want to thank and acknowledge the Workers First and E tū unions, as well as Peter Cranney, Emily Griffin and John Ryall, who have stood with us from the beginning to the end of this very long fight.”
Lalogafau Mea’ole Keil, another of the four original Uber driver claimants, said he was “ecstatic” and also wanted to thank Peter Cranney, John Ryall and Emily Griffin for their support.
“It makes me very emotional,” said Mr Keil. “This was for our kids, for our grandkids, and everyone else in society who deserves a better future at work.”
“We can’t be a country where we allow this kind of exploitation to go unchecked. My message to our leaders is – you are the guardians of our country, and you must stop companies like Uber from getting away with work practices like this in Aotearoa.”
“The highest court in the land has spoken in our favour, and politicians were elected by the people, for the people. You must govern for all of us, not foreign corporations who want to sacrifice our rights in the name of profit.”
“F—ing illegal.”
“Uber stormed into countries like Aotearoa with weak employment protections and parasitised on our apathy,” said Ms Rosentreter. “They saw the openings in the law and proceeded to establish a local workforce without any regard for the wellbeing of drivers or the sovereignty of our legal system.”
“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.”
“It took a group of fearless drivers and four years of Uber wasting three different courts’ time to tell them what the company already knew, but we’re now in a position to seek reparations and end this misclassification once and for all.”
Ms Rosentreter noted that the judgment does not rule out genuine contracting arrangements under the law. But she cautioned that exploitative employers who use contracting or attempt “third way” arrangements to avoid responsibility to workers should take heed of the judgment and correct matters proactively to avoid further legal action by workers and their unions.
“If you want to simply understand whether someone really is a contractor or not, you can repeat the simple question posed by the country’s most senior Judge, Chief Justice Dame Helen Winkelmann, to Uber in the Supreme Court: can this person give you their business card while on a job?”
“The answer was no.”
Kill the Bill
The Government and Minister of Workplace Relations and Safety, Brooke van Velden, must act immediately to end their Employment Relations Amendment Bill now, Ms Rosentreter said.
The Bill, which appears to have been partially drafted directly by Uber, has passed its first reading in Parliament, and a Select Committee report is due on 24 December 2025. The Minister has indicated that she intends to expedite the Bill’s passage with the support of National, ACT and New Zealand First, and Workers First is cautioning that Parliamentary urgency could be used imminently to pass it.
“It would be a truly Trumpian and dictatorial approach to law-making if the Coalition Government tries to force this horrible Bill through Parliament and tread all over the careful legal analysis of our sovereign Employment Court, Court of Appeal and now the Supreme Court, as well as the Minister’s own officials,” said Ms Rosentreter.
The Bill would add a “gateway” test in front of the current “real nature of the relationship” test. Only workers who are not deemed to be ‘specified contractors’ under the new test would be able to access the Court or Authority to seek a declaration of their employment status. This added layer would significantly obstruct and undermine workers’ ability to seek a declaration of their employment status and therefore access minimum rights, causing further exploitation.
“Kill the Bill now,” said Ms Rosentreter. “No one deserves to earn less than minimum wage and we do not want a servant’s economy in Aotearoa. We must protect our sovereignty.”
“It would show maturity from Brooke van Velden if she were to take a moment to reflect on the Supreme Court’s judgment and consider that New Zealanders will not accept exploitation under the illusion of ‘flexibility’ or ‘certainty’.”
“In particular, it is incumbent on Winston Peters and New Zealand First to take a strong stance for fairness and stop the far-right ACT Party from further breaking our employment model for the next year until they are booted out of Parliament by voters.”
“To all Uber drivers who are struggling with low pay and precarity – please consider joining the union and the movement to get a fair deal for everyone working in the gig economy – you deserve better.”
What happens next
- Workers First Union will press on with collective bargaining with Uber, initiated in 2022, on behalf of the union’s existing Uber driver members
- The 1,000+ existing Employment Relations Authority claims for wage arrears and lost entitlements like annual leave and public holiday pay will now be progressed, and more claims will be filed on behalf of Uber driver union members
- The union is inviting more Uber drivers to become members and join the collective bargaining process on a discounted fee schedule ($3.40 per week)
- Political campaigning against the Employment Relations Amendment Bill will continue, and Workers First will write to MPs to note the significance of the Supreme Court judgment, calling for a halt to the Bill’s passage
- The union will also launch its own policy paper that includes options for contractor law reform, called ‘Take the Power Back’, in the coming fortnight
Background information
- Uber continues to deny any tenable relationship with drivers, claiming that they are not employees nor contractors, nor agents of their business. Throughout the court process, no clarity has been provided by Uber on what kind of relationship, if any, they believe they have with drivers.
- Photographs of Anita Rosentreter, Lalogafau Mea’ole Keil and Nureddin Abdurahman are attached to this press release. Permission is granted for all use by media.
- A timeline of the legal and political process in this case is as follows:
1. July 2021: Uber drivers file legal action
Workers First Union (known as ‘FIRST Union’ at the time) and E tū file legal action on behalf of four Uber drivers, arguing that drivers have been misclassified and the real nature of the relationship is an employment relationship. The drivers argue that Uber exerts significant control over their work, including setting fares and managing driver performance, which supports their claim that they are/were employees of Uber.
2. June 2022: Employment Court hears the case
The Employment Court hears arguments from both sides. Uber argues that drivers are not employees. The unions argue that Uber’s operational practices and control over the drivers’ work structure meet the criteria for employment.
3. October 2022: Employment Court ruling
The Employment Court rules that the four Uber drivers are/were employees, citing Uber’s control over the work environment and terms of employment. Workers First and E tū celebrate the ruling as having significant relevance to the broader misclassification of workers as contractors in Aotearoa.
4. June 2023: Uber files appeal
Uber files an appeal against the Employment Court’s decision, arguing that the classification of drivers as employees would negatively impact the company’s business model and flexibility. Workers First and E tū criticize Uber’s appeal, arguing that it seeks to undermine the progress made for workers’ rights and protections.
5. November 2023: National-led Coalition Government takes office
The new National-led coalition government begins its term, with implications for employment law and gig economy regulation. The National Party and ACT coalition agreement contains a pledge to stop workers from being able to challenge their work status and seek a declaration of their employment status in the Employment Relations Authority and the Employment Court in future.
6. March 2024: Court of Appeal hears Uber’s appeal
The Court of Appeal hears Uber’s arguments that drivers should be ineligible for employment rights and protections. Uber argues that drivers have significant control over their work and hours. Unions argue that Uber’s control over almost all aspects of the drivers’ work environment justifies employee status.
7. May 2024: Brooke van Velden meets with Uber
Brooke van Velden, Minister of Workplace Relations and Safety, meets with Uber on May Day while unions hold marches to protest the Government’s anti-worker policies. Unions raise concerns about political influence on the legal process and allege that the Government’s close relationship with Uber could undermine the legal process.
8. June 2024: Government expedites contractor law change plan
Brooke van Velden instructs her officials to begin work on law changes that could prevent workers misclassified as contractors from challenging their status and seeking employment status in the courts. Workers First Union confirms that the union has not been invited to submit on the proposed law changes under the expedited timeline.
9. August 2024: Court of Appeal ruling on Uber’s appeal
The Court of Appeal dismisses Uber’s appeal and upholds the Employment Court’s finding that the four drivers are/were employees.
10. December 2024: Supreme Court grants Uber appeal
The Supreme Court grants leave for Uber to appeal the Court of Appeal’s decision. The approved legal question is whether the four Uber drivers are “employees” under section 6 of the Employment Relations Act.
11. June 2025: Minister introduces Uber Bill
Minister van Velden introduces the Employment Relations Amendment Bill. Among its key intentions is a four-part “gateway test” to decide whether someone is a contractor or employee. Workers First says the reform is explicitly linked to the Uber case, with the Minister saying the changes will give “greater certainty … especially for gig-economy work.”
12. July 2025: Supreme Court hearing
Uber and the unions made oral arguments on whether drivers are employees under section 6. In their submissions, Uber argued that contractual arrangements indicate the drivers are self-employed. Unions argued that the lower Courts’ findings are correct and that drivers are/were employees of Uber and are entitled to “minimum entitlements” (leave, unionisation, minimum wage) guaranteed by employee status.
13. July 2025: Revelations on Uber influence over Brooke van Velden
Investigative reporting shows that Government drafting of the Employment Relations Amendment Bill closely mirrors Uber’s exact proposals. The “gateway test” in the Bill is almost identical to what Uber gave to the Minister in a May 2024 meeting, raising questions about Uber’s undue influence and regulatory capture.
14. August 2025: Select Committee hearing
In a Select Committee hearing, Minister Brooke van Velden denies she is changing the law to favour Uber, insisting the Bill is about clarifying “modern working relationships” more generally. Workers First submits that the Employment Relations Amendment Bill is “an unnecessary and egregiously harmful piece of legislation” that will worsen power imbalances, weaken workers’ rights, and strip back protections for low-paid and contractor-model workers.
15. August 2025: Legal community response
The Law Society’s Employment Law Committee issues a submission strongly opposing the Bill in its current form. It argues the Bill undermines fundamental employment-law principles, limits judicial discretion, and may increase exploitation risk for vulnerable workers.
16. November 2025: Supreme Court judgment
The Supreme Court rejects Uber’s appeal, paving the way for more drivers to pursue wage arrears and full employment rights. Workers First confirms that the union will press on with collective bargaining with Uber, initiated in 2022, as soon as possible and is calling for the Government to kill its Employment Relations Amendment Bill to avoid overriding the country’s highest court and options for reform in a “dictatorial” fashion.
