Application by the Applicant
Citation: [2026] FWC 2571
At a glance
- Employees affected
- 1
What happened
The Applicant, a driver for Rasier Pacific Pty Ltd trading as Uber, was deactivated on February 17, 2026. He applied to the Fair Work Commission on April 28, 2026, seeking an unfair deactivation remedy under the Fair Work Act. This application was filed 49 days past the initial 21-day deadline. The Applicant sought an extension of time for his application to be heard, citing reasons including a family visa matter and remote work conditions.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair deactivation remedy. The Commissioner found that there were no exceptional circumstances justifying an extension of time beyond the 21-day deadline. While the Applicant provided reasons for the delay, including family matters and remote work conditions, the Commissioner was not satisfied they demonstrated a lack of capacity to file on time. Uber did not oppose the application’s hearing but argued against extending the timeframe.
What it means for employers
Employers should be aware that late applications for unfair deactivation remedies are unlikely to succeed unless truly exceptional circumstances exist. The Commission will consider factors such as the reason for the delay, whether the applicant was aware of their right to challenge a deactivation, and any prejudice to the business.
What it means for employees
Employees seeking an unfair deactivation remedy must file their application within 21 days or demonstrate exceptional circumstances to justify a late filing. Simply being unaware of legal processes or experiencing personal difficulties is unlikely to be sufficient reason for an extension.
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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 →