Chen Xiaojun's wife and a pair of children are currently in China. (ABC Photo)
A chinese diner in sydney collided with a bus late last month as he passed through the Zetland, a chinese gathering area, and died. His widow in China, Wei Lihong, and four other family members have lost their income.
Tuesday evening ,29 September, Chen Xiaojun (Xiaojun Chen,),43 On the way to take out, Colliding with a bus No .304 at the intersection of Odaya Road (O'Dea Avenue) and Gadi Gallon Road (Gadigal Avenue), Serious injuries to the head and feet. He was then taken to St. Vincent's Hospital (St Vincent'). He was s Hospital) Rescue, The next day was declared dead.
The 63-year-old bus driver was charged by police with serious bodily harm caused by dangerous driving. The driver's license, which he has now obtained bail, conditions, has been revoked and will be heard the Downing Central District Court (Downing Centre Local Court) on 9 December.
Chen had been sending his meal back to China to support his wife, Wei Lihong ,15-year-old daughter ,8-year-old son and parents-in-law. Today, the family of five people's livelihood is interrupted.
However, companies in "odd jobs economic" such as panda take-out say that riders and drivers are "independent contractors" and that companies are not obliged to compensate for casualties.
The widow is looking forward to her funeral
Wei lihong through an interpreter told australian broadcasting company (ABC) journal, chen xiaojun's roommate after the incident to call, she learned that her husband suffered serious car accident ." I said to his (chen xiaojun) roommate ,' please, please, please wake him up. "
At the same time, Wei Lihong thanked Panda takeout (Hungry Panda) for contacting her to apply for a visa to Australia and contacted a local funeral company on her behalf.
Panda takeout did not agree to pay funeral expenses, nor did it offer to pay for Wei Lihong and her two family members.
However, panda takeout later promised to pay for their air tickets to Australia, the funeral of Wei Lihong.
"Panda take-out has informed me that they will help us prepay our air tickets to Australia, room and board expenses and my government funeral expenses. I appreciate it. "said Wei.
"We are willing to do everything we can to support the family because we think they must need assistance right now ," said Tina Sun, Tina Sun, the company's representative, in a statement to ABC. "
Wei Lihong hopes to sign early so that she can arrange her husband's funeral in Australia.
Who will protect the diner?
The diner is often in a weak position. (ABC Photo)
The National Assistant Secretary-General of the Transport Workers' Union (Transport Workers Union), McKinnon (Nick McIntosh), noted that "companies in the field of odd jobs economic" consider their low-paid workers as contractors and recommend that they work on their own insurance. This is drilling the system.
"At an average hourly rate of $10, it is impossible to buy insurance, contrary to economic common sense. "said McKinnon.
A federal court had previously ruled that an employee of a Foodora platform who delivered meals had been unfairly dismissed.
But in similar cases involving Uber's (UberEats) platform, the federal court found that drivers and riders were contractors because they could choose when and where to work.
"In 21st-world Australia, we can also allow a special class of transport workers not to be counted as employees, but to earn roughly half of their minimum salary income ," McIntosh said. This situation is absurd. "
Anthony Forsyth, a professor at the royal melbourne polytechnic university (RMIT University) who studies workplace law, says panda take-out is not obliged to give wei any money, take her to australia or pay for the funeral.
But he also suggested that "odd jobs economic" companies should treat their workers as employees in case things like Wei Lihong repeat themselves.
The speaker of the new state transportation department said it could not comment while court case was pending. Chen Xiaojun case of the bus driver, is employed in the traffic hall.
