Application by the Applicant
Citation: [2026] FWC 1713
What happened
the Applicant applied to the Fair Work Commission regarding a matter related to unfair deactivation. The Commission considered whether the Applicant, who was undertaking work as a taxi driver, was an 'employee-like worker' and whether the Respondent was a 'digit'.
What was decided
The Fair Work Commission considered a jurisdictional objection. The Commission determined that the Applicant was not a person protected from unfair deactivation. The decision does not detail the reasoning behind this determination.
What it means for employers
Employers should be aware of the definition of 'employee-like worker' when considering deactivation processes. This case highlights the importance of accurately classifying workers to ensure compliance with Fair Work legislation.
What it means for employees
the Applicant should understand their rights and protections under Fair Work law. This case indicates that not all workers are protected from certain actions, such as deactivation, and the definition of who qualifies for protection is important.
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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