Application by the Applicant
Citation: [2026] FWC 3066
What happened
the Applicant was deactivated from Uber on 1 April 2026. He seeks to extend the time to file an unfair deactivation application. The standard time is 21 days, but he filed 42 days after deactivation. He claims his driver's licence renewal and subsequent submission to Uber were key factors. Uber opposes the extension, stating he hasn't provided an adequate explanation for the delay.
What was decided
The Fair Work Commission has not yet made a final decision. The Deputy President is considering whether there were "exceptional circumstances" to allow an extension of time for the Applicant to file his unfair deactivation application. Further information was gathered from both parties before a hearing.
What it means for employers
Employers using digital labour platforms should ensure clear communication regarding deactivation processes. They need to have systems to properly review driver submissions and respond promptly. A failure to do so may be considered when assessing extensions of time.
What it means for employees
If you are deactivated from a platform, understand the time limits for lodging an unfair deactivation claim. If you believe there are exceptional circumstances preventing you from meeting the deadline, gather evidence to support your request for an extension.
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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