24 February 2021
Attorney Zanele Mbuyisa says drivers are entitled benefits according to SA labour laws and that is why they are going to court.
The UK Supreme Court last week, ruled that Uber drivers are not independent contractors, nor self-employed but should be treated as workers.
The decision means that thousands of Uber drivers are entitled to minimum wage.
In South Africa, a class action is being prepared by Mbuyisa Moleele Attorneys, assisted by Leigh Day of London on behalf of South African Uber drivers.
Under South African legislation, the country’s Uber drivers want to be treated as employees and are seeking compensation.
Bongani Bingwa chats to Attorney Zanele Mbuyisa to give more insight on the class action.
The is provision in South African law that says if a person acts as an employer, they are an employer. Therefore, the person working under them, as the employee is supposed to be protected under the labour laws of the country.Zanele Mbuyisa, Attorney – Mbuyisa Moleele Attorneys
Uber controls everything, the customer contacts Uber, then the company gets the driver to accept the ride, she adds.
Drivers don’t have an option of denying rides, if they deny rides, they get kicked out of the app. Uber dictates how long a driver can work. If Uber decides to act as an employer, drivers deserve protection.Zanele Mbuyisa, Attorney – Mbuyisa Moleele Attorneys
Source: 702.co.za at https://www.702.co.za/articles/409587/uber-class-action-if-uber-acts-as-an-employer-then-drivers-deserve-protection