The widow of a food delivery rider who died in Sydney has vowed to continue fighting for worker rights after winning a lengthy legal battle against gig company Hungry Panda.
Speaking to 7.30 after the bittersweet victory, Lihong Wei said her two children were still struggling to deal with the loss of their father, Xiaojun Chen, two years ago.
"My husband was very willing to help other people," Ms Wei said through a Mandarin translator from her home in rural China.
"He was a very good father, a good husband, and a good son."
Mr Chen was riding a motorbike for Hungry Panda when he was hit by a bus in the inner-Sydney suburb of Zetland in September 2020.
He was one of five delivery riders to die on Australian roads within the space of three months that year.
"My daughter and my son have lost their father forever, I have lost my husband forever, and the entire family has been in great grief," Ms Wei said.
Mr Chen had come to Australia to support his family back in China, hoping to save up money so they could set up their own business.
Mr Chen's sudden death led Ms Wei on an extraordinary public battle with Hungry Panda.
Within weeks of her husband's death, she braved the global pandemic, travelling from China to Sydney to give evidence to a New South Wales parliamentary inquiry into the gig economy.
While the company provided some support for Ms Wei, the inquiry heard Hungry Panda was not legally obliged to pay compensation to her because Mr Chen was classified as a contractor, not an employee.
Gig workers are not usually entitled to workers compensation under the state system because they are independent contractors.
It was later revealed Hungry Panda did not report Mr Chen's death to the workplace safety regulator, SafeWork NSW, in a timely manner.
Ms Wei took legal action against Hungry Panda and last month was awarded $830,000 by the Personal Injury Commission.
Hungry Panda did not respond to 7.30's inquiries.
"I hope I can fight for the rights and protections delivery riders deserve to have," Ms Wei said.
"I also hope that no other family suffers the sadness and pain we have experienced. I hope things like this will never happen again."
Significantly, the commission found Mr Chen was employed by Hungry Panda, which Ms Wei's lawyer argues may open the way for other cases.
"Hopefully it will mean that other claims are accepted on [a] similar basis if the circumstances warrant it," Jasmina Mackovic from Slater and Gordon said.
The national secretary of the Transport Workers' Union, Michael Kaine, said Ms Wei had been "an inspiration to all of us".
"It's been absolutely humbling to see how she came out and fought in the depths of her grief," he told 7.30.
Federal government puts gig companies on notice
With its slick advertising and celebrity endorsements, the booming global food delivery industry is worth billions, but the price of convenience has come at a cost for some workers and their families.
Riders are paid little per order as they compete to deliver takeaway on busy roads, and are not entitled to the benefits of employees, such as the minimum wage, superannuation or sick leave.
While the gig companies say contractors enjoy the flexibility and freedom of working across platforms and have introduced their own support schemes, unions argue industry practices have eroded basic workers' rights to a safe and fair workplace.
Before the election, Labor promised it would take action, and now the Albanese government has put the industry on notice, with plans to empower the Fair Work Commission to set minimum standards for gig workers.
Workplace Relations Minister Tony Burke would not be drawn on the specific entitlements the commission might deliver, but told 7.30 governments had been too slow to act on the sector.
"The only way to deal with this is to have government action," Mr Burke said.
"The only way to change the situation for these exploited workers is to legislate and that's what we'll do."
Uber, Deliveroo, Menulog and DoorDash told 7.30 they were committed to supporting delivery riders and would work with the federal government on improving standards.
Uber and DoorDash have also signed agreements with the Transport Workers' Union, expressing support for change.
Menulog began classing some of its riders as employees in a trial last year.
University of Adelaide labour law expert Andrew Stewart said the tide was turning against gig companies around the world, including in Australia.
"There is a lot of merit in leaving this one to the industrial umpire to deal with," Professor Stewart told 7.30.
"The question is, is that enough?
"It's highly likely that by some time next year we're going to have some new entitlements in place for gig workers but we still don't know how widely protections will extend."
Watch this story tonight on 7.30 on ABC TV and ABC iview.
