Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

Author André Mukheibir

ISSN: 2413-9874
Affiliations: Professor of Law, Nelson Mandela University; BMus, BJuris, LLB (UPE), BA Hons HDE (Unisa), DIuris (Amsterdam)
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 24 – 41


The UK Supreme Court in the case Uber BV v Aslam [2021] UKSC 5 recently held that Uber drivers in London were workers for the purposes of inter alia minimum wage regulations. In South Africa, the Labour Court in Uber SA Technology Services (Pty) Ltd v National Union of Public Service & Allied Workers (2018) 39 ILJ 903 (LC) (Uber SA) held that the Commission for Conciliation, Mediation and Arbitration (CCMA) had erred in finding that South African Uber drivers were employees of Uber SA. This note compares the two cases, as well as considering the distinction between ‘employees’, ‘workers’ and ‘independent contractors’.