Application by Ahsan Sohail
Citation: [2026] FWC 3332
What happened
the Applicant sought an unfair deactivation remedy from Portier Pacific Pty Ltd (Respondent). the Applicant’s deactivation took effect on 18 December 2025. He initially filed an unfair dismissal application, then withdrew it and filed an unfair deactivation application on 3 April 2026. This was 106 days after his deactivation. the Respondent objected to the application being out of time and on grounds of the Applicant’s work period.
What was decided
The Fair Work Commission found the Applicant’s application was filed out of time. the Applicant did not provide a reasonable explanation for the 106-day delay. The Commission did not allow an extension of time. The application was therefore not considered further.
What it means for employers
Employers using digital labour platforms should ensure workers understand the deactivation process and timelines for lodging applications. Clear communication and readily available information about relevant forms and processes are essential. Prompt responses to worker inquiries can also minimise delays.
What it means for employees
If deactivated from a digital labour platform, employees should act quickly. Applications for remedies must be filed within 21 days, or with the Commission’s permission. Seek clarification promptly if unsure about the correct application process.
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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