[2025] FWC 3111
At a glance
- 1
What happened
Shahid Mansoor, a driver for Rasier Pacific Pty Ltd (Uber), was deactivated from the Uber Driver Platform following a complaint from a passenger alleging inappropriate behavior. Mansoor denied the allegations and claimed he wasn't given sufficient details to respond. He had previously received complaints and warnings regarding inappropriate comments and unsafe driving. Rasier Pacific argued the deactivation was due to serious misconduct and that the Digital Labour Platform Deactivation Code didn't apply. The Applicant conceded he had agreed to the Services Agreement and Community Guidelines, though he hadn't read them.
What was decided
The Fair Work Commission found Rasier Pacific’s deactivation of Mansoor was unfair. The Commission determined that serious misconduct had not been established, and the deactivation did not comply with the Digital Labour Platform Deactivation Code. The Respondent was ordered to reactivate Mansoor’s account and provide compensation for lost earnings. The Commission noted the importance of Rider safety and the need for a reporting system, but emphasized the need for due process and fair investigation of complaints.
What it means for employers
Employers using digital platforms must ensure they have robust processes for investigating complaints and providing affected workers with sufficient information to respond. Deactivations should only occur after a thorough investigation and in compliance with relevant codes and agreements. Failing to do so can lead to unfair dismissal claims and compensation orders.
What it means for employees
Employees should be aware of their rights and entitlements when working through digital platforms. If deactivated, employees should seek clarification regarding the reasons for the deactivation and have the opportunity to respond to the allegations. Employees should also be aware of the Digital Labour Platform Deactivation Code.
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