Application by the Applicant
Citation: [2026] FWC 2777
At a glance
- Employees affected
- 1
What happened
the Applicant sought an unfair deactivation remedy from the Fair Work Commission. the Respondent, operating as Uber Eats, restricted the Applicant's access to its platform on April 14, 2026, requesting a vehicle insurance certificate. He initially provided an expired policy and later submitted the correct one on May 11, 2026, restoring his access. the Applicant claimed the Respondent should have contacted him about the incorrect document and that he was unable to contact them due to a blocked phone number.
What was decided
The Fair Work Commission dismissed the Applicant’s application under s 536LU of the Fair Work Act 2009. Deputy President Colman found the Respondent's actions were not unfair, noting it appropriately requested documentation and suspended access when it wasn't received. Access was restored promptly upon receipt of the correct certificate. The Commission noted the Applicant’s claim about a blocked phone number was unsubstantiated.
What it means for employers
Employers are entitled to request necessary documentation from workers, as outlined in agreements. Suspension of access for non-compliance is permissible if reasonable steps are taken and reinstatement occurs promptly upon compliance. Maintaining records of communication attempts is advisable.
What it means for employees
Employees should ensure they provide accurate and current documents when requested by their employer. If there are issues with communication, employees should attempt to resolve them through available channels before seeking legal action. The Commission found the employee’s claim about a blocked phone number was not substantiated.
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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 →