[2025] FWC 3842
Citation: [2025] FWC 3842
What happened
the Applicant, a delivery person for Amazon Commercial Services Pty Ltd (Amazon), was deactivated from the Amazon Flex program on 9 April 2025. This followed a complaint from a customer regarding the Applicant entering their residence to deliver a package. the Applicant explained he entered because he believed he was instructed to do so. Amazon suspended his access on 7 April and formally deactivated him, citing a breach of the Amazon Flex Terms of Service. the Applicant sought an unfair deactivation remedy under the Fair Work Act 2009.
What was decided
The Fair Work Commission found the Applicant’s deactivation was unfair. the Commissioner noted gaps in Amazon’s case due to limited information provided by a witness. The Commission determined Amazon did not adequately follow the Digital Labour Platform Deactivation Code and failed to properly consider the Applicant’s explanation. Amazon is ordered to reactivate the Applicant and compensate him for lost earnings. The Commission emphasised the importance of fair processes and adequate review when deactivating workers on digital labour platforms.
What it means for employers
Employers using digital labour platforms must adhere to the Digital Labour Platform Deactivation Code. They need to ensure thorough reviews of deactivation decisions, gathering sufficient information and considering worker explanations. Reliance on second-hand accounts is insufficient. Fair processes and clear communication are crucial to avoid unfair deactivation claims.
What it means for employees
Employees on digital labour platforms have the right to a fair process if facing deactivation. This includes the opportunity to respond to allegations and have their explanation considered. Workers should document their actions and seek support if facing deactivation.
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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 →