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Household of meals supply driver Xiaojun Chen, who died on the job, acquired $830K compensation

The widow and youngsters of a meals supply driver who was hit by a bus and died in Sydney will obtain a cost of $830.00, after a landmark court docket choice decided he was an worker.

Xiaojun Chen, 43, died whereas using his motorbike for Hungry Panda within the suburb of Zetland in September 2020, abandoning his spouse Lihong Wei, their two youngsters, and their 75-year-old father, who dwell in China.

The Transportation Staff Union (TWU) stated the Private Damage Fee discovered that Mr. Chen was an worker of Hungry Panda when he died and was entitled to staff’ compensation.

Ms Wei, who needed to say goodbye to her husband through video name from rural China to a Sydney hospital, stated her husband was working in Australia to ship cash house.

“My youngsters miss their dad every single day,” he stated.

“My daughter has began having issues with college and my son has misplaced his father perpetually when he was solely eight years outdated. Nothing can repair this.”

Xiaojun Chen’s spouse and two youngsters dwell in China.(Equipped)

TWU Nationwide Secretary Michael Kaine welcomed the choice and praised Ms. Wei for in search of compensation.

“After two lengthy years, justice has lastly been carried out for Xiaojun’s household,” he stated.

The TWU has been campaigning for meals supply staff to have rights comparable to minimal wages and staff’ compensation advantages, whatever the ‘contractor’ label imposed on their jobs.

A woman dressed entirely in black stands in a rail.
Lihong Wei says her youngsters “miss their dad every single day.”(ABC Information: Jack Fisher)

Jasmina Mackovic of the regulation agency Slater and Gordon described the end result as groundbreaking.

“Casual economic system staff and their households are sometimes denied any rights as a result of they’re thought of unbiased contractors reasonably than workers, which suggests they can not entry staff’ compensation and different advantages, comparable to furlough cancellation and sick go away,” Ms. Mackovic stated.

The Federal Courtroom beforehand dominated {that a} Foodora Australia supply driver was an worker when he was wrongfully terminated.

However in an analogous case involving UberEats, the Federal Courtroom discovered that drivers and passengers had been contractors as a result of they may select when and the place to work.

A man stands in front of a house.
Xiaojun Chen was sending the cash he earned to his household in China.(Equipped)

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