Application by the Applicant
Citation: [2026] FWC 3207
What happened
the Applicant was initially suspended from Uber’s digital labour platform on July 27, 2025, and fully deactivated on August 16, 2025. He subsequently worked for Didi, DoorDash, and Dnata. Uber argues he lost no remuneration during this period. the Applicant contends he earned less per hour due to working longer hours during the deactivation period. He seeks compensation for lost earnings.
What was decided
The Fair Work Commission found the Applicant did not lose any remuneration due to his deactivation from Uber. The Commission rejected his argument about hourly rates and concluded it was inappropriate to order compensation for lost pay. The case was decided on the papers without a hearing.
What it means for employers
Employers using digital labour platforms should be aware of the legal implications of deactivating workers. The Fair Work Act allows for orders to restore lost pay, but this is limited to restoring a worker to their previous financial position, not improving it. Employers should carefully document reasons for deactivation and consider potential financial impacts.
What it means for employees
Employees deactivated from digital labour platforms may be entitled to compensation for lost remuneration. However, any earnings from alternative work during the deactivation period will be taken into account when calculating lost pay. Claims must be supported by evidence and consider the impact of hourly rates and working hours.
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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