[2025] FWC 3176
What happened
the Applicant, a driver for Uber (operated by Rasier Pacific Pty Ltd), was deactivated from the Uber Driver App following a complaint of sexually inappropriate behaviour. The complaint, received on May 24, 2025, was reported via the New South Wales Police law enforcement portal. the Applicant denies the allegations and sought reinstatement and back pay through a Fair Work Act application. Previous complaints against the Applicant in 2016, 2018, and 2019 involved rider concerns about flirting and inappropriate comments. Uber contends the deactivation was due to serious misconduct, while the Applicant argues it was unfair and violated the Digital Labour Platform Deactivation Code.
What was decided
The Fair Work Commission found the Applicant's deactivation was unfair. the Commissioner determined Uber did not comply with the Digital Labour Platform Deactivation Code. The Commission ordered his reinstatement and a determination of lost pay. Uber relied on a statement from a Senior Manager, while the Applicant gave evidence. The decision hinged on whether the alleged misconduct constituted 'serious misconduct' as defined by Uber’s policies, which the Commission did not find to be the case.
What it means for employers
Employers using digital labour platforms must strictly adhere to their own deactivation codes and ensure due process is followed when deactivating workers. The Digital Labour Platform Deactivation Code must be complied with. Failure to do so can result in orders for reinstatement and compensation. Employers should review their complaint handling processes and ensure they are fair and transparent.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.