Rasier Operations BV v E TŪ Incorporated

[2024] NZSC 177

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 105/2024
 [2024] NZSC 177

BETWEEN	RASIER OPERATIONS BV First Applicant
UBER PORTIER BV Second Applicant
UBER BV Third Applicant
PORTIER NEW ZEALAND LIMITED Fourth Applicant
RASIER NEW ZEALAND LIMITED Fifth Applicant
AND	E TŪ INCORPORATED First Respondent
FIRST UNION INCORPORATED Second Respondent

Court:	Glazebrook, Ellen France and Williams JJ
Counsel:	P F Wicks KC, K M Dunn and N L Walker for Applicants P Cranney, G Liu and E Griffin for Respondents
Judgment:	19 December 2024

JUDGMENT OF THE COURT

ALeave to appeal is granted (Rasier Operations BV v E Tū Inc [2024] NZCA 403).

BThe approved question is whether the four Uber drivers are employees in terms of s 6 of the Employment Relations Act 2000.

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REASONS

1. In addressing the approved question, the parties should address not only the reasoning of the Court of Appeal but also that of the Employment Court.[1]  The parties may also (to the extent relevant) make submissions on the changing nature of work. 

   [1]E Tū Inc v Rasier Operations BV [2022] NZEmpC 192, (2022) 19 NZELR 475.

Solicitors:

Russell McVeagh, Wellington for Applicants
Oakley Moran, Wellington for Respondents