The families of two Uber Eats delivery riders killed on Sydney roads two years ago are seeking workers' compensation.
Subscribe now for unlimited access.
or signup to continue reading
Dede Fredy and Bijoy Paul were among seven workers killed while making food deliveries for gig companies in 2020.
The Transport Workers Union on Wednesday launched proceedings in the NSW Personal Injury Commission after workers' compensation agency iCare rejected claims for compensation.
The families received a payment from Uber's accidental death policy last year but the union says the cases demonstrate why workers' compensation schemes must be overhauled.
Food delivery riders are denied access to minimum rates of pay, sick and annual leave, and superannuation.
TWU National Secretary Michael Kaine says gig workers have no job security, are paid piece rates and are under pressure to rush, work long hours and avoid raising safety concerns.
The TWU wants an independent federal tribunal created to set enforceable standards for all transport workers.
It says state and territory workers compensation schemes should also be expanded to require financial contributions from gig companies.
In a groundbreaking case in June, HungryPanda settled an action brought by the family of 43-year-old motorbike rider Xiaojun Chen, who was killed by a bus.
Compensation of $830,000 was paid after he was recognised as an employee under NSW labour laws.
Shimu Paul says her family is still suffering after the death of her brother.
"Bijoy was the only son of my parents and was working to support our family. My parents deserve justice so that nobody is forced to go through the pain we feel," she said in a statement.
A spokesperson for Uber said it had provided a range of support to the grieving families.
"Our hearts remain with the families of Bijoy Paul and Dede Fredy," a statement said.
Last year the company launched "a range of initiatives aimed at helping delivery people stay safe on our roads, on top of our long-standing provision of free, specialised insurance to delivery people that covers accidents".
Uber signed a statement of principles with the TWU in June, agreeing to work collaboratively to call for a standard-setting body to level the playing field and make food delivery and rideshare work safer and more sustainable.
Uber said the agreement reflected a shared desire to raise standards and conditions, and that it would continue to work with the TWU, the government and others to achieve this.
Mr Kaine said the riders' families deserved "the same support as any other worker's family".
"If these riders were killed in any other workplace, there'd be no question as to whether the loved ones they've left behind should receive the proper amounts of compensation."
Outdated laws and loopholes in compensation schemes left it to the families of gig workers to fight through archaic legal processes for justice, he said.
Australian Associated Press
