Dennis Maga: First Union General Secretary on what the ruling against Uber means for other contractors

There's hopes a ruling against Uber could help empower other contractors.

The Court of Appeal has ruled four Uber drivers are employees, not contractors.

Uber says it will appeal and claims the move will increase uncertainty for workers who enjoy the flexibility of contract work.

First Union General Secretary Dennis Maga says it could have wider implications.

He says while likely limited to other Uber drivers at the moment, the ruling could help other contractors make their case.

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Episode Transcript

Speaker 1 (00:00):
Uber has lost its contractor's case again, this time in
the Court of Appeal. Again, the courts have rule that
for Uber drivers are employees, not contractors. It means they
are entitled to holiday, pasick leave and the right to
fight unfair dismissal. Uber has announced it's going to appeal
even this all the way through to the Supreme Court.
In Dennis maga is First Union General Secretary.

Speaker 2 (00:18):
Hey, Dennis, oh good appen and I had a total
listeners out there.

Speaker 1 (00:23):
Does this apply only to these four guys? Or is
going to set a president for every contractor in the country.

Speaker 2 (00:28):
It should actually said a president to all the Uber
drivers out there.

Speaker 1 (00:32):
All Uber drivers are all contractors.

Speaker 2 (00:34):
Contract Let's say right now, Uber drivers, but some contractors
can actually use the legal altcorets to argue for their cases.

Speaker 1 (00:44):
Why only some? Why not all?

Speaker 2 (00:47):
It all depends on, for example, the ruling made by
Court of Appeals. For example, if ever, they believe that
an employer or a company is using actually to construct
or arrangement of window dressing, then they have a good
argument actually to argue for their case that they were
misclassified and they are employees.

Speaker 1 (01:07):
So for example, in my industry, right here in Radio.
A whole bunch of us are contractors. We signed contractor contracts,
but we basically operate the same as all the other employees.
Can we now go and say we're employees as well?
If it suits us?

Speaker 2 (01:19):
I think it will depend on the terms and conditions.
If ever, you are a contractor and you have the
ability to contract out your job to anywhere and anyone,
then of course you can argue that you actually control
your your business or your contract and like these Uber
drivers for a long time, they've been working in this
platform arrangement, that the terms and conditions were actually dictated

(01:43):
by Uber and they cannot actually change their terms and conditions.

Speaker 1 (01:48):
Okay, what do you think if Uber was to lose
this all the way to the Supreme Court and beyond,
would they pull out of the country, would they increase
their charges? What are you reckon? Is going to be
the ramifications for consumers?

Speaker 2 (01:59):
Well? I think we're looking at the record of Uber
in different countries and usually every time they lose their case,
they always appeal. But this is going to be hard
for them. They will become desperate if ever they continue
to appeal this case, because the first thing that they
had to do is actually to apply for leave in
order to be granted to appeal that case. In this instance,

(02:21):
right now, the pressure now is actually in uber whether
they will respect the employment legislation in the country or
they will just simply ignore that.

Speaker 1 (02:31):
All right, Dennis, thank you very much, appreciate it. My
this dinnis Mega First Union General secret Sare I reckon?
Some bosses here at this radio station might have just
had this think to titled a little bit about this.
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