%0 Report %1 moyerlee2021taken %A Moyer-Lee, Jason %A Kountouris, Nicola %C Washington DC %D 2021 %K labour_rights litigation platform_work %T Taken for a Ride: Litigating the Digital Platform Model %U https://www.ilawnetwork.com/de/taken-for-a-ride-litigating-the-digital-platform-model/ %X The ILAW Network is pleased to present this report, Taken for a Ride: Litigating the Digital Platform Model, which 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. The opening essay by Jason Moyer-Lee and Nicola Kountouris, surveys the major cases which have been brought by workers against digital platforms concerning the existence of an employment relationship – 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. The second part of this report is a digest of key judicial decisions concerning digital platforms, including case summaries from every region and related news and analysis.

@techreport{moyerlee2021taken, abstract = {The ILAW Network is pleased to present this report, Taken for a Ride: Litigating the Digital Platform Model, which 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. The opening essay by Jason Moyer-Lee and Nicola Kountouris, surveys the major cases which have been brought by workers against digital platforms concerning the existence of an employment relationship – 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. The second part of this report is a digest of key judicial decisions concerning digital platforms, including case summaries from every region and related news and analysis.}, added-at = {2021-03-22T11:58:59.000+0100}, address = {Washington DC}, author = {Moyer-Lee, Jason and Kountouris, Nicola}, biburl = {https://www.bibsonomy.org/bibtex/2d25e525bb18067a4dd7572b1f6cb3ec2/meneteqel}, file = {ac0bd743-3e77-462b-b992-80559c7e3e1b:C\:\\Users\\Stefan-Luecking\\AppData\\Local\\Swiss Academic Software\\Citavi 6\\ProjectCache\\etjy8myhj2rnkciaiky5b2p239cxgx3mw3535\\Citavi Attachments\\ac0bd743-3e77-462b-b992-80559c7e3e1b.pdf:pdf}, institution = {{International Lawyers Assisting Workers}}, interhash = {5516b35ba4c438773cbe718c59bd8156}, intrahash = {d25e525bb18067a4dd7572b1f6cb3ec2}, keywords = {labour_rights litigation platform_work}, language = {en-US}, month = mar, timestamp = {2021-03-22T12:06:21.000+0100}, title = {Taken for a Ride: Litigating the Digital Platform Model}, type = {Issue Brief}, url = {https://www.ilawnetwork.com/de/taken-for-a-ride-litigating-the-digital-platform-model/}, urldate = {18.03.2021}, year = 2021 }