The Case Begins (2021–2022)
In 2021, four current and former Uber drivers, backed by E tu and Workers First, took Uber to the Employment Court seeking a declaration that they were employees under section 6 of the Employment Relations Act 2000 — not contractors, despite signed contractor agreements. In October 2022, the Court ruled in the drivers' favour, finding they were employees while logged into the Uber app, entitling them to minimum wage, holiday pay, sick leave, and KiwiSaver.
Notably, this held despite features normally pointing toward contractor status: drivers could accept or decline jobs, work whenever they chose, often drove for multiple platforms, picked the best-paying fare, owed no duty of fidelity to Uber, and filed their own tax returns. The decisive factor was the level of control Uber exercises once a driver is logged in — not the surrounding flexibility.
Court of Appeal (2024)
Uber appealed. In August 2024, the Court of Appeal dismissed the appeal and upheld the Employment Court's finding, applying the long-standing test from Bryson v Three Foot Six Ltd [2005] NZSC 24.
Supreme Court (2025)
Uber pushed on to the Supreme Court. On 17 November 2025, a five-judge bench unanimously dismissed Uber's final appeal in Rasier Operations BV & Ors v E Tu Incorporated & Anor [2025] NZSC 162 — the first Supreme Court ruling on gig-economy employment status. Judges divided on reasoning but agreed on outcome: Uber exercises close control over service delivery, and drivers — though not integrated traditionally — are integrated once Uber is accepted as the actual service provider. The Court also noted there is no pre-trip contact between rider and driver: Uber sets the fare and the rider accepts, so neither can select the other.
Strictly, the ruling only determined the four claimants' status. But with roughly 11,000 Uber drivers in New Zealand, it set a precedent both Uber and the unions seized on, from opposite directions.
E tu and Workers First called it one of the most important employment law precedents in decades, and flagged intent to pursue backpay for over 1,600 drivers via the Employment Relations Authority, alongside resuming collective bargaining. Uber NZ said the decision cast doubt on contracting arrangements economy-wide and pointed to its proposed Employment Relations Amendment Bill as the path to certainty.
Legislative Response
The government then progressed reform to section 6 via the Employment Relations Amendment Act 2026, introducing a contractor "gateway test" that, once agreed, cannot later be challenged. Critics, including Workers First, argued the changes mirrored positions Uber had lobbied for and would limit future drivers challenging their classification — though they don't unwind the Court's findings on claims already in train.
Where Things Stand Now (August 2026)
On 12 August 2026, Workers First announced a settlement framework with Uber covering the 1,600+ driver claims accumulated since 2021, including the four original claimants. Uber will make individual, confidential financial offers; acceptance settles each claim on a full-and-final basis. The union is finalising administration, and drivers are being notified directly.
Workers First called it the best realistic outcome given the cost and uncertainty of litigation — a milestone after five years of proceedings. It regards the deal as resolving historic matters only, and intends to keep organising drivers and campaigning for repeal of the section 6 amendments under a future government, tying the issue to November's election.
For businesses using contractor models, the case remains a significant precedent on how courts assess the substance of a working relationship over its contractual label, even as the 2026 changes reshape the test going forward.
For more information on the current stance on the 'Specified Contractor' under the recent Employment Relations Amendment Act 2026 changes please see our following article from April: www.employers.co.nz/independent-contractors-new-gateway-test-april-2026-newsitem.aspx