Application by the Applicant
Citation: [2026] FWC 2909
At a glance
- Penalty
- $10,610
- Employees affected
- 1
What happened
the Applicant was deactivated from Uber's platform in November 2025, following an earlier decision where the Fair Work Commission found his deactivation unfair and ordered his reactivation. Uber argued the Applicant didn’t lose income due to the deactivation. He worked for both Uber and Didi, another digital labour platform, and also briefly held a taxi license. The period of calculation began when he was reactivated on July 24, 2026, after an initial suspension on November 25, 2025.
What was decided
The Fair Work Commission ordered Uber to pay the Applicant $10,609.53 for lost remuneration due to his unfair deactivation. This amount was calculated by subtracting his substituted earnings (income from Didi and taxi work) and avoided expenses (fuel costs) from his estimated lost earnings based on his previous average weekly income with Uber ($1,118.13). The Commission considered evidence of the Applicant’s earnings and found he had engaged in reasonable efforts to mitigate his loss.
What it means for employers
Employers using digital labour platforms must ensure deactivation processes are fair and comply with the Fair Work Act. Failing to do so can result in orders for lost remuneration, even if workers have alternative income sources. Employers should carefully document reasons for deactivation and consider potential impacts on worker earnings.
What it means for employees
Employees deactivated from digital labour platforms may be entitled to compensation for lost earnings if the deactivation is found unfair. Workers should gather evidence of their earnings and any subsequent income earned through other means when pursuing a claim.
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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 →