Deliveroo resisting driver rehire

Deliveroo opposes reinstating driver who criticised the company after being sacked for slow orders.

Former Deliveroo rider Diego Franco.

Deliveroo says it should not have to reinstate an unfairly sacked driver who had been “publicly bashing us up” by participating in a union campaign against the company.

Deliveroo is seeking to overturn an unfair dismissal decision in favour of Diego Franco, insisting he was an independent contractor and not an employee as found by the Fair Work Commission in May.

Mr Franco, who worked for Deliveroo for three years, was sacked and removed from the app for allegedly delivering his orders slower than other ­riders.

Deliveroo said Mr Franco’s subsequent participation in a Transport Workers Union campaign attacking the company’s alleged treatment of its riders and calling for a government inquiry into its conduct led to an “irretrievable breakdown” in their relationship.

In ordering Mr Franco’s reinstatement, Commissioner Ian Cambridge said his public attacks on Deliveroo were understandable given the “callous and perfunctory” nature of his ­sacking.

Justin Bourke, representing Deliveroo, told an appeal hearing on Monday that Mr Franco had made sweeping attacks on the company’s practices and had “dishonestly” claimed the sacking had left him with no income when he was still working for online competitors, including ­UberEats.

The full bench reserved its decision on the appeal.