The union for transport workers appealing a Fair Work Commission decision upholding the sacking of an Adelaide-based UberEats driver who was 10 minutes late with a delivery.
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Amita Gupta delivered food for UberEats for as much as 96 hours per week, according to the Transport Workers' Union.
She was stood down in January without right to appeal for a late food delivery, receiving a message she was no longer granted access to the UberEats app.
The FWC last month rejected Ms Gupta's unfair dismissal claim, saying she was not an employee of UberEats and thus unprotected from unfair dismissal.
"There was never an obligation upon Ms Gupta to elect to provide any delivery service, even when the Partner App was activated, which of itself was also optional," Commissioner Peter Hampton said in his judgment.
The TWU said it was taking the case to establish rights for gig-economy workers after previous legal fights with Deliveroo and Foodora.
It argues the food delivery companies avoid paying their employees properly or providing worker benefits by treating them as contractors.
"These drivers have chosen to take a stand, demand their rights and take on Uber," TWU National Secretary Michael Kaine said in a statement.
"We believe the Fair Work Commission's decision to refuse their case for unfair sacking was wrong and we believe there are strong grounds to appeal it."
Foodora quit its Australian operations in August 2018 and has since agreed to pay out $2.27 million to underpaid delivery riders.
Deliveroo, meanwhile, is being pursued in court for the alleged underpayment of Canberra delivery driver Jeremy Rhind.
The TWU urged the Australian government to intervene and regulate the gig economy, with minimum rates, sick leave, workers' compensation, collective bargaining and unfair dismissal laws guaranteed.
Australian Associated Press
