the Applicant v Rasier Pacific Pty Ltd
Citation: [2026] FWC 2579
At a glance
- Employees affected
- 1
What happened
the Applicant, an 'Uber' driver partner, sought an unfair dismissal remedy after his work with Rasier Pacific Pty Ltd concluded on May 4, 2020, when he was deactivated from their digital labour platform. He filed the application over two years later, approximately 2,172 days outside the statutory timeframe. The Applicant asserted that he attempted to resolve the matter internally and lacked knowledge of legal processes due to English being his second language. Previous decisions have found Uber drivers are not employees.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Beaumont found there were no exceptional circumstances justifying an extension of time for filing the late application, as required by section 394(2)(b) of the Fair Work Act. The Applicant's reasons for delay—seeking internal resolution and lack of legal knowledge—were not sufficient to overcome the significant delay period. The Commission must decide jurisdictional issues before considering merits, and this issue was considered first.
What it means for employers
Employers using digital labour platforms should be aware that workers may attempt to claim unfair dismissal rights despite being classified as independent contractors. Maintaining accurate records and clear communication regarding deactivation processes can help mitigate potential claims, although the Commission's focus remains on whether exceptional circumstances exist for late applications.
What it means for employees
Employees must file unfair dismissal applications within strict timeframes (usually 21 days). If a delay is unavoidable, it’s crucial to have a credible explanation and supporting evidence. Seeking internal resolution does not automatically excuse lateness, and language barriers alone are unlikely to justify an extension without further evidence.
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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 →