An Uber driver who was sacked from his day job after failing to disclose his second job has lost an unfair dismissal case.
Mervyn Jacob was working as a print operator for the West Australian newspaper in Perth when he signed up as a driver for the ride-sharing service.
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Five ridiculous clauses in Uber driver contracts
Thinking of driving for Uber? You might want to check the fine print in their contracts.
The 52-year-old was terminated after his boss confronted him about rumours he was working for Uber after hours.
In a decision that will likely have ramifications for how Uber work is classified, the Fair Work Commission threw out Mr Jacob's unfair dismissal case, saying he breached his contract by failing to get permission to undertake "other work".
Commissioner Bruce Williams said Mr Jacob failed to be honest about undertaking other work outside his employment and ruled the dismissal as fair.
"Mr Jacob was not transparent or honest in response to his employer's reasonable enquiries and was at times deliberately misleading," he said.
"Mr Jacob in this case was very much the architect of his own demise."
Uber encourages drivers to sign onto its platform by selling it as a way to earn "extra income".
The company would not say what percentage of drivers were employed in other work.
"We know people choose ride-sharing because it gives them the flexibility to fit in driving around their schedule and what works best for them," a spokesperson said.
Mr Jacob originally denied working for Uber, and then later argued that it did not constitute employment.
He was confronted by the company after a former manager heard rumours that he was working as an Uber driver, and another manager claimed to have taken an Uber ride home with him.
The company demanded he put in a formal request to hold down an additional position with Uber and to include expected hours of work per week, days of driving and shift times.
Mr Jacob failed to do so and was eventually sacked for failing to be "transparent" and "cooperative" during an investigation into him.
Commissioner Williams said this was deliberately misleading.
Uber classifies drivers as independent contractors, however workplace law experts say drivers could be considered employees under Australian workplace law.
The decision is the latest ruling to have legal ramifications for workers in the so-called share economy.
Last year the Australian Tax Office ruled that anyone providing a ride-share service must have an ABN and register for GST.
Uber is expected to be regulated in Victoria in coming weeks, with the Andrews government set to introduce legislation after the winter break. It is legal to drive Uber in New South Wales and the ACT.