Application by the Applicant
Citation: [2026] FWC 2318
At a glance
- Employees affected
- 1
What happened
the Applicant commenced working as a driver for Uber in May 2016. His account was deactivated on April 25, 2026, following a rider’s concerning report. the Applicant initiated an unfair dismissal application against ‘Uber Pty Ltd’. the Second Respondent argued it was the correct respondent and that the Applicant was not an employee but rather engaged under services agreements.
What was decided
The Fair Work Commission Deputy President Dobson dismissed the Applicant's unfair dismissal application. The decision found that the Applicant was not an employee of either ‘Uber Pty Ltd’ or the Second Respondent, but an 'employee-like worker'. This meant he lacked standing to bring an unfair dismissal claim under the Fair Work Act. The Commission amended the respondent from ‘Uber Pty Ltd’ to the Second Respondent.
What it means for employers
Employers using platform business models should carefully review their contractual arrangements with workers to ensure they accurately reflect the working relationship. Misclassifying employees as independent contractors can lead to legal challenges and potential liability.
What it means for employees
Workers who believe they are misclassified as independent contractors should seek legal advice to understand their rights and options. The Fair Work Act protections for employees do not automatically extend to those engaged under services agreements.
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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