[2026] FWC 48
Citation: [2026] FWC 48
What happened
Zeeshan Aslam Khan worked as a delivery person for Portier Pacific Pty Limited (Uber Eats) from November 2022 until July 2025. On 29 July 2025, Uber Eats deactivated his access to the Uber Delivery Platform. This followed two complaints: one on 22 August 2024, alleging unwanted sexual comments and requests for money, and another on 16 July 2025, alleging inappropriate questions and making the user feel unsafe. Uber Eats temporarily blocked his access while investigating, but provided limited information to Mr Khan. Mr Khan challenged the deactivation, seeking reinstatement and lost remuneration.
What was decided
The Fair Work Commission found Mr Khan was unfairly deactivated. The Commission determined Uber Eats did not comply with the Digital Labour Platform Deactivation Code. Uber Eats was ordered to reactivate Mr Khan’s access to the platform and compensate him for lost remuneration. The parties are to confer on the calculation of the quantum of that compensation. The Commission noted Uber Eats did not provide Mr Khan with sufficient information regarding the complaints against him.
What it means for employers
Employers using digital labour platforms must strictly adhere to the Digital Labour Platform Deactivation Code. Providing clear and substantive information to affected workers during investigations is crucial. Failing to do so can lead to findings of unfair deactivation and orders for reinstatement and compensation.
What it means for employees
Employees using digital labour platforms have recourse to the Fair Work Commission if they believe they have been unfairly deactivated. It is important to understand the platform’s policies and procedures, and to seek clarification when facing allegations of misconduct.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc48.pdfWant more cases like this?
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This summary was drafted by AI 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 →