the Applicant v Rasier Pacific Pty Ltd
Citation: [2026] FWC 2580
At a glance
- Employees affected
- 1
What happened
the Applicant, an Uber driver partner, sought an unfair dismissal remedy from Rasier Pacific Pty Ltd after being deactivated from their digital labour platform on November 30, 2020. He lodged the application approximately 1,900 days outside the statutory timeframe. The company is a provider of ride-sharing services. the Applicant claimed he had attempted to resolve the issue internally and cited language barriers as contributing factors for the delay.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application due to jurisdictional issues, primarily the excessive delay in lodging the claim. The Commission found that the delay of nearly five years did not constitute exceptional circumstances justifying an extension of time under section 394(3) of the Fair Work Act 2009. the Applicant's explanations for the delay—pursuing internal resolution and language barriers—were deemed insufficient to overcome the prejudice to the employer caused by the lengthy timeframe. The Commission noted previous decisions finding Uber drivers are not employees.
What it means for employers
Employers using digital labour platforms should be aware of ongoing legal challenges regarding worker classification. While this case did not address employment status directly, it highlights the importance of maintaining accurate records and being prepared to respond to claims even after a significant period. The decision reinforces that lengthy delays in lodging applications are unlikely to be excused.
What it means for employees
Employees have strict time limits for lodging unfair dismissal or general protections applications. Seeking legal advice promptly is crucial if an employee believes they have been unfairly dismissed or subjected to adverse action. Explanations for significant delays must be well-documented and compelling to potentially overcome the presumption of prejudice.
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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 →