Duade Borg v DoorDash Technologies Australia Pty Ltd
[2024] FWC 1468
•5 JUNE 2024
| [2024] FWC 1468 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365—General protections
Duade Borg
v
DoorDash Technologies Australia Pty Ltd
(C2024/2545)
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 5 JUNE 2024 |
Section 365 application – not an employee – application dismissed
For reasons given on transcript earlier today, the applicant was not an employee of the respondent. In essence, the terms of his contract with the respondent bear out a contracting relationship, not one of employment. The facts of the applicant’s case are relevantly indistinguishable from those that were before the Full Bench in Gupta v Portier Pacific Pty Ltd t/a Uber Eats[2020] FWCFB 1698. The same three critical factors identified by the Full Bench at [69] are present in this case as a matter of contract (and also as a matter of practical reality, which would be relevant under the expanded definition of ‘employee’ in s 15AA that commences operation later this year). These factors pointed clearly to a conclusion that the applicant was not an employee of the respondent. The application was therefore dismissed.
DEPUTY PRESIDENT
Appearances:
D. Borg for himself
W. Spargo for the respondent
Hearing details:
2024
Melbourne (by Microsoft Teams)
5 June
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