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Worker not an employee; FWC overturns unfair dismissal finding

The Fair Work Commission has 'closed its eyes' to certain realities about a contracting relationship, in upholding an organisation's appeal against a finding that a delivery rider was an employee with unfair dismissal rights.

In May last year, Commissioner Ian Cambridge ordered Deliveroo to reinstate the worker, with continuity of service and backpay. He found the worker was an employee protected by unfair dismissal provisions, and that his dismissal for failing to deliver orders within reasonable timeframes was unfair.

Deliveroo appealed, but the matter was deferred in August, in light of the High Court's Workpac v Rossato ruling and subsequent decision to grant special leave to appeal in relation to two other employee/contractor disputes.

Vice Presidents Adam Hatcher and Joe Catanzariti, and Deputy President Bryce Cross, said at the time that these forthcoming High Court decisions would "provide authoritative guidance" for Deliveroo's appeal..