[2025] FWC 2275
At a glance
- 1
What happened
Rahul Kumar, an Uber Eats delivery driver, sought a remedy for unfair deactivation from the platform. He argued his deactivation was unfair. Uber contended the deactivation was consistent with the Digital Labour Platform Deactivation Code, citing a low customer satisfaction rating. The Fair Work Commission held hearings on 21 and 28 July 2025, with both Kumar and an Uber representative providing evidence.
What was decided
The Fair Work Commission found that Rahul Kumar was protected from unfair deactivation. However, the Commission was not satisfied that Uber’s deactivation of Kumar was consistent with the Digital Labour Platform Deactivation Code. The application was dismissed, meaning Kumar did not receive the remedy he sought, but the Commission found the deactivation itself was not necessarily unfair, just not in accordance with the Code.
What it means for employers
Employers using digital labour platforms must strictly adhere to the Digital Labour Platform Deactivation Code when deactivating workers. This includes providing deactivation warnings, opportunities for response, and following the prescribed process. Failure to do so, even if the reason for deactivation is legitimate, can lead to legal challenges.
What it means for employees
Employees working through digital labour platforms have protections against unfair deactivation. If deactivated, employees should review the Digital Labour Platform Deactivation Code and seek assistance if they believe the process was not followed correctly. They are protected from unfair deactivation, but this does not guarantee reinstatement.
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