A Fair Work Commission ruling that a Deliveroo rider is an employee of the company rather than an independent contractor has added to uncertainty over the rights of gig economy workers in Australia, as it contradicts a full bench decision that Uber Eats drivers are not employees.

Commissioner Ian Cambridge found on Tuesday that Deliveroo rider Diego Franco was unfairly dismissed – a protection only extended to employees – from the company last year, ordering he be reinstated and repaid lost earnings.