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The Fair Work Commission has 'closed its eyes' to certain realities about a contracting relationship, in upholding an organisation's appeal against a finding that a delivery rider was an employee with unfair dismissal rights.

In May last year, Commissioner Ian Cambridge ordered Deliveroo to reinstate the worker, with continuity of service and backpay. He found the worker was an employee protected by unfair dismissal provisions, and that his dismissal for failing to deliver orders within reasonable timeframes was unfair.

Deliveroo appealed, but the matter was deferred in August, in light of the High Court's Workpac v Rossato ruling and subsequent decision to grant special leave to appeal in relation to two other employee/contractor disputes.

In the proceedings at hand, Deliveroo claimed its 2019 "supplier agreement" with the worker comprehensively set out the parties' contractual rights and obligations, and as a result of the High Court rulings handed down in February, it was now "unmistakably" the case that its relationship with the worker was not one of employment...