[2025] FWCFB 214
What happened
Mohammad Hotak worked as an Uber driver from November 2020 until he was deactivated on April 8, 2025. He filed an application for an unfair deactivation remedy in the Fair Work Commission on April 24, 2025. Uber voluntarily reactivated his account on May 19, 2025, and he resumed work. Hotak and Uber agreed he is an 'employee-like' worker and that he performed work through Uber's digital labour platform under a services agreement. An altercation occurred between Hotak and passengers, leading to Uber's deactivation of his account. Hotak reported the incident to police.
What was decided
The Fair Work Commission considered whether Hotak was unfairly deactivated and whether Uber could be ordered to reactivate his account. Uber argued that no remedy was available because Hotak's account was already reactivated. The Commission found Uber had not discharged its onus to show Hotak was not unfairly deactivated. While Uber had reactivated Hotak’s account, the Commission stated that orders could still be made under the Fair Work Act. The parties are to confer on the quantum of an order to restore lost pay.
What it means for employers
Employers using digital labour platforms should ensure their deactivation processes comply with the Digital Labour Platform Deactivation Code. Even if an account is reactivated, the Commission can still order remedies for unfair deactivation, highlighting the importance of fair and transparent deactivation procedures.
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