The widow and kids of a food supply driver who was hit by a bus and killed in Sydney will receive a $830,000 payout, just after a landmark court selection identified he was an staff.

Xiaojun Chen, 43, died even though riding his motorcycle for Hungry Panda in the suburb of Zetland in September 2020, leaving at the rear of his wife Lihong Wei, their two children and his 75-calendar year-outdated father, who all are living in China.

The Transport Employees Union (TWU) claimed the Particular Injury Commission observed Mr Chen was entitled to workers’ compensation, after Hungry Panda admitted legal responsibility for his dying. 

Ms Wei, who had to farewell her partner via video contact from rural China to a Sydney hospital, said her partner labored in Australia to mail income house to her family members.

“My children miss their daddy every single day,” she claimed.

“My daughter has begun battling with school and my son has lost his father permanently at just 8 years old. Nothing at all can at any time correct this.”

Xiaojun Chen with his children in China, pushes his son on a swing near a river
Xiaojun Chen’s spouse and two small children dwell in China.(Supplied)

TWU national secretary Michael Kaine welcomed the choice and praised Ms Wei for pursuing compensation.

“Following two extensive years, justice has lastly been shipped for Xiaojun’s household,” he stated.

The TWU has been campaigning for food stuff supply riders to have rights these types of as minimum wages and workers’ compensation added benefits, irrespective of the ‘contractor’ label imposed on their work opportunities.

A woman wearing all black stands in a lane.
Lihong Wei suggests her small children “miss their daddy every single day”.(ABC News: Jack Fisher)

Jasmina Mackovic from the Slater and Gordon legislation organization stated the choice was “the first of its kind in a employees payment sense”.

“Gig overall economy staff and their families are generally denied any entitlements since they are regarded as unbiased contractors fairly than personnel, that means they are unable to accessibility workers’ compensation and other gains these types of as annul depart and unwell leave,” she mentioned.

College of Sydney industrial relations professional, Chris F Wright, reported it was a important selection.

“It is a selection that goes towards the grain of the past handful of many years of legal developments in Australia in the place of employment, which have extremely much long gone versus staff and in favour of employers,” he stated.

The Federal Court docket has beforehand ruled that a Foodora Australia shipping driver was an employee when he was unfairly sacked.

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