Uber Drivers in South Africa could soon have their rights as employees under South African labor laws and be entitled to compensation for unpaid overtime and holiday pay if a class lawsuit action against Uber SA is successful.
This case follows a decision by the UK Supreme Court that Uber drivers should be legally classified as workers rather than independent contractors. As such they are entitled to similar benefits.
A South African law firm Mbuyisa Moleele Attorneys, assisted by Leigh Day is preparing for a class action against Uber SA following a decision by the UK Supreme Court that Uber drivers should be legally classified as workers, and not independent contractors. The class-action lawsuit will be filed with the Johannesburg Labour Court against Uber on behalf of South African Uber drivers.
Leigh Day was instrumental in the UK Uber drivers case in which the lower courts, including the English Court of Appeal, also ruled in favour of the drivers.
Zanele Mbuyisa of Mbuyisa Moleele Attorneys said that
“Uber operates a similar system in South Africa, with drivers using an app, which the UK Supreme Court concluded resulted in drivers’ work being ‘tightly defined and controlled’ by Uber,”
Uber responds
Uber said the vast majority of drivers who use the Uber app say they want to work independently.
“We’ve already made significant changes to our app to ensure we support this, including through partner injury protection, new safety features and access to quality and affordable private healthcare cover for drivers and their families, voluntarily,”
it said.
Uber added that at a time when more jobs are needed, they believe Uber and other platforms can be a bridge to a sustainable economic recovery.
“Uber has already produced thousands of sustainable economic opportunities,”
it said.
“This is testament to the appeal of the Uber business model which provides drivers with an independent status while allowing them to develop and expand their businesses following their needs and time schedules as well as their business skills and plans, and pursue any economic activities of their choice.”
source: mybroadband,newsroomafrica
