Application by Wasihun Kifley
Citation: [2026] FWC 1966
At a glance
- Employees affected
- 1
What happened
Wasihun Kifley lodged an application on 7 March 2026 seeking an unfair deactivation remedy against Rasier Pacific Pty Ltd trading as Uber. The application was made under the gig worker deactivation provisions of the Fair Work Act 2009. After the application was filed, Commissioner Yilmaz issued directions requiring Kifley to file submissions, witness statements and supporting documents by 4 pm on 8 May 2026. Kifley did not file any material, did not seek an extension, and did not attend a Case Management Conference on 24 April 2026. The Commission sent follow-up correspondence and extended the deadline to 9 am on 12 May 2026. Kifley again failed to comply. A non-compliance hearing was scheduled for 18 May 2026. Kifley did not attend that hearing either, despite phone calls and emails from the Commission. Uber's solicitors appeared and applied for the matter to be dismissed. Kifley was given a further opportunity to respond by 20 May 2026 but provided no reply.
What was decided
Commissioner Yilmaz dismissed the application under section 536M of the Fair Work Act 2009. The Commissioner found that Kifley had demonstrated a pattern of non-compliance. He failed to file required materials twice, did not attend two scheduled proceedings, and provided no explanation for his conduct despite being given multiple opportunities to do so. Section 536M allows the Commission to dismiss a deactivation application where the applicant has unreasonably failed to comply with directions or attend hearings. The Commissioner was satisfied that Kifley's failures were unreasonable. Uber's application for dismissal was granted, and the unfair deactivation remedy application was formally dismissed by order.
What it means for employers
Digital labour platforms and other employers facing gig worker deactivation claims can apply under section 536M to have an application dismissed where the applicant repeatedly fails to comply with Commission directions or attend hearings. Employers should attend all scheduled proceedings, respond promptly through their representatives, and formally apply for dismissal when an applicant demonstrates a clear pattern of non-compliance. Legal representation can assist in making that application effectively.
What it means for employees
Workers who lodge deactivation remedy applications must comply with all Commission directions and attend every scheduled hearing. Missing filing deadlines or hearings, without seeking an extension or providing an explanation, can result in the application being dismissed regardless of its underlying merits. Workers who cannot comply with a direction should contact the Commission before the deadline and request an extension in writing.
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This summary was drafted by AI 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 →