this post was submitted on 12 Jul 2023
231 points (96.4% liked)

Australia

3595 readers
244 users here now

A place to discuss Australia and important Australian issues.

Before you post:

If you're posting anything related to:

If you're posting Australian News (not opinion or discussion pieces) post it to Australian News

Rules

This community is run under the rules of aussie.zone. In addition to those rules:

Banner Photo

Congratulations to @Tau@aussie.zone who had the most upvoted submission to our banner photo competition

Recommended and Related Communities

Be sure to check out and subscribe to our related communities on aussie.zone:

Plus other communities for sport and major cities.

https://aussie.zone/communities

Moderation

Since Kbin doesn't show Lemmy Moderators, I'll list them here. Also note that Kbin does not distinguish moderator comments.

Additionally, we have our instance admins: @lodion@aussie.zone and @Nath@aussie.zone

founded 1 year ago
MODERATORS
lodion@aussie.zone
Fluid@aussie.zone
bestusername@aussie.zone
eatham@aussie.zone
231
Legally blind woman left anxious and in tears after rideshare drivers refuse to pick her up 23 times in six weeks (www.abc.net.au)
submitted 1 year ago* (last edited 1 year ago) by fiat_lux@kbin.social to c/australia@aussie.zone
114 comments fedilink hide all child comments
 

Victorian woman Kathryn Beaton says repeated, illegal denials of service from drivers refusing to allow her guide dog into their vehicles have left her effectively housebound.

Edited to add: "anxious and in tears" is some shit tier headline writing when the real problem is the loss of independence and freedom, and the hours she has had to spend waiting just to be actively discriminated against.

you are viewing a single comment's thread
view the rest of the comments
[–] abhibeckert@lemmy.world 3 points 1 year ago* (last edited 1 year ago)

I also believe Uber needs to be penalised for illegally refused service, not just individual drivers.

Uber's legal team would point out that the "individual drivers" are subcontractors (not employees) and as a consequence Uber cannot really control which rides they accept. Allowing freedom to accept or refuse a job is one of the key differentiators between a contractor and an employee and Uber is very clear where they stand on that.

They have to be clear where they stand - otherwise they'd forced to pay minimum wage (In Australia that's $73,125 per year) to drivers even if the drivers don't pick up many passengers.

(Note: there are some regions where Uber drivers are employees - it's a little different there)

Having said that - Uber's contract with drivers prohibits discrimination. Any driver who discriminates is in breach of contract and if there is a plausible complaint, Uber will blacklist the driver. Plausible means you don't even need proof. Contractors are not entitled to an official warning, they don't get severance pay, they can't argue "unfair dismissal". It's very easy for Uber to get rid of drivers in Australia.

As for actual penalties, it varies by state - but the driver could go to jail for it. I bet with a good lawyer, you could settle out of court - the driver would probably rather pay you (and your lawyer) than go to jail. The lawyer might even represent you pro bono if you have enough evidence.

My suggestion is to start discreetly taking a video when the driver picks you up. The video might not be admissible in court (ask a lawyer) but it will give you the ability to remember exactly what happened instead of relying on failable human memory. Having reliable and detailed evidence makes a huge difference in court (and in getting out of court settlements, which is what you really want). Also being legally blind hurts your credibility when relying on your eyesight as a witness. I'm not saying you're unreliable, I'm just saying the lawyer defending a discrimination case will say that - and it might work.