Determining The Employment Status of Ride Hailing Service Drivers In Ghana: A Misguided Approach in Justice Noah Adade V. Bolt Ghana Limited and Another

Abstract

This paper critically examines the various legal tests used to determine employment status in the gig economy, with particular emphasis on the application of these tests to ride-hailing service drivers.  Currently, there are approximately eight recognized tests in use to determine employee status. This paper explores all eight tests. These tests include the control test, integration test, dominant purpose test, mutuality of obligation, multiple factors test and the subordination principle. Through a detailed analysis, the paper applies these tests to determine the employment status of ride-hailing service drivers, specifically addressing the legal framework within the Ghanaian context. 

A central focus of this paper is the recent Ghanaian case of Justice Noah Adade v. Bolt Ghana & Anor. in which the court ruled that ride-hailing service drivers are not employees of Bolt Ghana. The paper challenges this decision, arguing that it was made per incuriam without due consideration of the complexities inherent in modern gig economy and the evolving nature of employment relationships. Riding on legal precedents and a thorough analysis of the applicable tests, the authors contend that the ruling fails to address key aspects of the drivers' working conditions, including their economic dependency and subordination to the platform. The authors recommend the inclusion of this category of workers in the Labour (Amendment) Bill, 2024. Ultimately, the paper seeks to contribute to the ongoing discourse on employment classification in the gig economy.