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International Lawyers Assisting Workers Network (March 2021). Taken for a ride : Litigating the digital platform model.
Fact sheets and briefings
The ILAW Network is pleased to present the first in its series of special publications. This report, Taken for a Ride: Litigating the Digital Platform Model, attempts to respond to requests from ILAW Network members and others for comparative analysis on the litigation taking place around the world against digital platforms such as Uber, Foodora, Deliveroo and many others.This report is divided into two parts. Part I is an essay prepared by Jason Moyer-Lee1 and Nicola Contouris2 which surveys the major cases which have been brought by workers against digital platforms concerning the existence of an employment relation-ship - whether to contest unjust dismissal, to claim a certain wage or benefit or to be able to join a union and benefit from a collective agreement. The essay also takes note of key cases that challenge other aspects of the digital platform model, including for example, the use of arbitration clauses to avoid litigation over employment status. While the trend is certainly towards the finding of an employment relationship, the jurisprudence is mixed among countries (and within countries). The essay usefully frames the caselaw around the many tactics used by the digital platform companies to avoid accountability. Part II of this report is a digest of key judicial decisions concerning digital platforms, including case summaries from every region and related news and analysis. We want to thank ILAW Network members who have contributed many of these cases.We acknowledge that this digest is not exhaustive and that there are certainly additional relevant cases concerning digital platforms. The ILAW Network will continue to monitor the developing case law and will issue updates of this digest to ensure it is as comprehensive as possible. Please contact us at email@example.com with any missing or new judgments, as well as links to any academic analysis or commentary and we will be sure to include them in subsequent issues.
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