Sāmoan Uber driver’s landmark court victory sparks hope for fair treatment of workers

A Sāmoan Uber driver has won a landmark Supreme Court battle, claiming a victory not just for himself but for the future of thousands of gig workers across New Zealand.

Last week, the Supreme Court ruled that Uber drivers in New Zealand are employees, not independent contractors.

The decision overturns years of debate over how ride-sharing companies classify their drivers. Uber had urged that it only provides a platform and does not control drivers who run their own business.

The court rejected that claim, stating that drivers are tightly integrated into Uber’s operations and have little realistic ability to operate independently. While the ruling applies only to the four drivers in the case, it could have far-reaching effects for New Zealand’s 11,000 Uber drivers.

For one of those drivers, Lalogafau Mea’ole Keil, the court’s decision is more than a legal victory, it is a moment of personal and cultural significance.

“What they were advertising and what they were actually doing was ripping people off,” Lalogafau told William Terite on Pacific Mornings. “Now that we’ve been classified properly as workers, the hard work is for Uber to sit down and try to get our entitlement, our holiday pay.”

Lalogafau Mea'ole Keil (centre) outside the Supreme Court. Photo/Supplied

Workers First Union, which represented the drivers alongside E tū, welcomed the decision. Anita Rosentreter, the Deputy Secretary of the Workers First Union, told Radio New Zealand the judgment will affect drivers’ tax and reporting obligations.

“Uber drivers have to date been responsible for their own tax compliance. Where the contractor system allows expenses to be deducted from taxable income, an employment [judgement] not only requires those costs to be borne by the employer, but also significantly boosts driver income as drivers enjoy the protection of a wage floor,” Rosentreter says.

She adds that higher base wages and protections such as sick leave and annual leave will matter more than the ability to claim expenses.

The Supreme Court ruling could have implications for 11,000 Uber drivers. Photo/Unsplash

A background grounded in cultural values

Lalogafau grew up in the Sāmoan village of Tuaefu and has family links to Afega and Manono. He holds the matai titles of Lalogafau, Tupua, and Tuifa’asisina from Nofoali’i, Asau, Vailoa and Palauli.

Before becoming an Uber driver, he represented cleaners and hospital staff with a service and food workers' union. He says the fight goes beyond pay and political opinions.

“The reason why I put my hand up, the thing that kept me going, is my children, grandchildren, every other child in the future. This can't happen to them. It's not Team Blue versus Team Red.”

Lalogafau says the legal battle is not over, as the Government is considering changes that could favour companies over workers.

“The people voted for them, but they seem to be listening to somebody else, and that's the danger of what this is all about. We have to go and participate in the system, otherwise, our future is in jeopardy and everything will be ruled by somebody else out there,” he says.

Listen to Lalogafau Mea'ole Keil's full interview below.

“This [Government] is not listening to the people… this also affects the poor guys out in the couriers and that… all this legislation covering people like the courier drivers and that sort of work, the gig economy. We're not just somebody out there, we are people, and as people, we deserve a proper employment relationship as workers of these companies.”

Lalogafau hopes the ruling will encourage other gig economy workers to demand fair treatment. “We are not helpless … You've got to stand up for your rights. You can't just say, ‘Oh, if I carry on and pray to God…’ At the end of the day, we have to take action.

“We have to go to vote. We have to go and tell the politicians and the people, because we are a democracy.

“It seems like it's being told what to do by somebody else. We need to take back ownership … make it a functioning democracy if we want a future that is determined by us and benefits us.”