the Applicant v Rasier Pacific Pty Ltd
What happened
the Applicant lodged an unfair dismissal application against Rasier Pacific Pty Ltd, which operates the Uber rideshare application. He claims he was unfairly dismissed on 11 June 2022. The application was lodged approximately 1342 days after this date. The Deputy President considered whether the circumstances warranted an extension of the time to apply. the Applicant indicated he was working through a ‘Driver Account’.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commission found the circumstances of the delay were not exceptional. It was unnecessary to consider whether extending the time would be fair. The application was made significantly outside the statutory timeframe.
What it means for employers
Employers using digital labour platforms should be aware of the legal framework surrounding deactivation of accounts. While internal dispute resolution processes may be pursued, they do not automatically excuse delays in lodging formal applications with the Fair Work Commission. The Commission expects employees to seek information about their rights and remedies in a timely manner.
What it means for employees
Employees should be aware of the strict 21-day timeframe for lodging unfair dismissal applications. If a delay is unavoidable, a credible explanation is needed. Simply pursuing internal dispute resolution or claiming ignorance of the timeframe is unlikely to justify an extension of time.
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