Local Uber drivers are set to launch a new bid to become recognised as employees of the company.
The move follows the Labour Court overturning a ruling from the CCMA which found that local Uber drivers were the employees of Uber South Africa.
Judge Andre van Niekerk overturned the ruling, as the employment claim was made against Uber Technologies SA – where it should have been made against Uber BV in the Netherlands, he said.
According to the City Press, a new CCMA hearing will take place and the drivers’ representatives will start a fresh legal case.
There is also a consideration to approach the CCMA in terms of a section in the Labour Relations Act which permits a worker to be jointly employed by two employers, stated the report.
“This could apply in the commonplace arrangement in which large Uber partners command fleets of cars and hire drivers to drive them,” stated the City Press.
Another strategy is to challenge the legitimacy of the contracts drivers sign with Uber, stating they are not employees.
Uber has stated its relationship with drivers is a contractual one, and it acts as a “business facilitator for independent drivers, rather than being their employer”.