Application by the Applicant
Citation: [2026] FWC 2668
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission seeking a remedy for unfair deactivation. He alleges he was unfairly deactivated during his onboarding with Uber Eats, before regularly performing work through their platform. the Applicant claims he has not worked for Uber Eats.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found that the Applicant was not protected from unfair deactivation under the Fair Work Act 2009 because he had not worked regularly on the platform for at least six months prior to his deactivation. Consequently, the Commission lacked jurisdiction to consider the fairness of his deactivation or order a remedy.
What it means for employers
Employers using digital labour platforms should be aware that protections against unfair deactivation only apply after an employee has worked regularly through the platform for at least six months. This decision clarifies the jurisdictional requirements for unfair deactivation claims.
What it means for employees
Employees who are deactivated from a digital labour platform before working regularly on it (less than six months) may not be protected under the Fair Work Act’s unfair deactivation provisions. They cannot seek remedies through the Commission at that time.
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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 →