[2025] FWC 3176
Citation: [2025] FWC 3176
What happened
Anwar Kareem Al Hussein, 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. Mr Al Hussein denies the allegations and sought reinstatement and back pay through a Fair Work Act application. Previous complaints against Mr Al Hussein in 2016, 2018, and 2019 involved rider concerns about flirting and inappropriate comments. Uber contends the deactivation was due to serious misconduct, while Mr Al Hussein argues it was unfair and violated the Digital Labour Platform Deactivation Code.
What was decided
The Fair Work Commission found Mr Al Hussein's deactivation was unfair. Commissioner Sloan 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 Mr Al Hussein 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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3176.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →