Application by Mohamad Gharib
Citation: [2026] FWC 3314
At a glance
- Employees affected
- 1
What happened
the Applicant, represented by the Transport Workers’ Union of Australia, lodged an application for an unfair deactivation remedy with the Fair Work Commission on 29 June 2026. Uber, trading as Portier Pacific Pty Ltd, sought an extension to respond while attempting settlement discussions. Communication difficulties arose, and the union ceased acting for the Applicant. Despite attempts to contact him, the Applicant did not attend a directions hearing on 20 August 2026, and failed to respond to a subsequent email outlining the potential dismissal of his application.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair deactivation remedy. Deputy President Saunders found the Applicant unreasonably failed to attend a directions hearing. Uber requested the dismissal under section 536M of the Fair Work Act. The Commission can dismiss applications if the applicant unreasonably fails to attend hearings or comply with directions. the Applicant did not respond to the Commission’s communication, leading to the dismissal.
What it means for employers
Employers, particularly those using gig economy platforms, should be aware of the process for dealing with unresponsive applicants in Fair Work Commission proceedings. Following proper procedures, including clear communication and attempts to contact the applicant, is crucial when seeking dismissal of an application.
What it means for employees
Employees who lodge applications with the Fair Work Commission must actively participate in the process, including attending hearings and responding to communications from the Commission. Failure to do so can result in the dismissal of their application.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3314.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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