[2025] FWC 3176
Citation: [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.
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This summary was drafted 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 →