Application by the Applicant
Citation: [2026] FWC 2875
At a glance
- Employees affected
- 1
What happened
the Applicant sought to extend the time limit for filing an unfair deactivation application against Portier Pacific Pty Ltd (Respondent). He was deactivated on March 30, 2026, and filed his application on May 20, 2026, 30 days past the 21-day deadline. The Applicant claimed he was continuously communicating with Uber Support to resolve the issue internally before legal action. The Respondent provided a deactivation notice sent on March 30, confirming immediate effect.
What was decided
The Fair Work Commission (FWC) dismissed the Applicant’s application for an extension of time to file his unfair deactivation claim. Deputy President Saunders found that the Applicant did not provide an acceptable explanation for the 30-day delay. While he attempted internal resolution, this didn't justify the extended filing period. The FWC considered factors like the reason for the delay, action taken to dispute the deactivation, and potential prejudice to the Respondent but concluded there were no exceptional circumstances warranting an extension.
What it means for employers
Employers should ensure clear communication regarding deactivation processes and timelines. Maintaining accurate records of communications and deactivation notices is crucial. The decision highlights that internal resolution attempts by employees do not automatically excuse delays in lodging formal complaints with the Fair Work Commission.
What it means for employees
Employees must be aware of strict time limits for filing unfair deactivation applications. Seeking internal resolution is advisable, but it shouldn’t delay lodging a formal application within the prescribed timeframe. If an extension is needed, exceptional circumstances are required and must be clearly demonstrated.
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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