Application by Pavan Kumar Eswaravaka
Citation: [2026] FWC 1667
At a glance
- Employees affected
- 1
What happened
The Applicant applied for an unfair deactivation remedy. The Fair Work Commission considered whether he was protected from unfair deactivation. The application was heard by Deputy President Masson.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found he did not meet the requirement of performing work on a regular basis for at least six months. Therefore, he was not protected from unfair deactivation.
What it means for employers
Employers should be aware of the requirements for an employee to be protected from unfair deactivation. Regular work for at least six months is a key factor in these cases.
What it means for employees
Employees seeking protection from unfair deactivation must demonstrate they have performed work on a regular basis for a period of at least six months. Failure to do so may result in the application being dismissed.
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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 →