Mr Zain Anwar v Rasier Pacific Pty Ltd
Citation: [2026] FWCFB 129
At a glance
- Employees affected
- 1
What happened
Zain Anwar worked as an Uber driver engaged by Rasier Pacific Pty Ltd. On 21 September 2025, he was deactivated from the Uber digital labour platform. He applied to the Fair Work Commission for an unfair deactivation remedy under the Fair Work Act 2009. The original decision, issued by Deputy President Dean on 23 February 2026, found he had not been unfairly deactivated. The respondent's case was that the deactivation followed four complaints about Anwar's conduct. The Deputy President found the respondent had followed the Digital Labour Platform Deactivation Code, issuing warnings, preliminary notices and considering Anwar's responses before making a final decision. Anwar, representing himself, appealed that decision to a Full Bench of the Commission, also seeking to introduce additional business records as new evidence on appeal.
What was decided
The Full Bench refused permission to appeal. Under the Act, permission may only be granted if it is in the public interest, and factual appeals are only available on a significant error of fact. The Full Bench found the factual errors Anwar raised were not significant and did not go to the heart of the Deputy President's findings. It also found that the Deputy President properly considered the evidence before her, and that her finding that financial evidence was irrelevant to a conduct-based deactivation was sound. The Full Bench rejected the argument that the appeal raised issues of general importance for self-represented applicants in digital platform cases, saying the matters raised were specific to Anwar's own case. The application to admit new evidence was also refused, as the documents had been available to Anwar before the original hearing and he could have relied on them then.
What it means for employers
Digital labour platform operators should follow the Digital Labour Platform Deactivation Code carefully before deactivating a worker. This means issuing warnings, providing preliminary notices, and genuinely considering a worker's responses before making a final decision. Where an operator can demonstrate it followed this process in response to conduct complaints, a deactivation is unlikely to be found unfair. Keeping clear records of each step in that process will be important if a deactivation is later challenged.
What it means for employees
Workers deactivated from a digital labour platform have the right to apply for an unfair deactivation remedy under the Fair Work Act. However, if the platform followed the required Code, including giving warnings and a chance to respond, the deactivation is unlikely to be overturned. When appealing a decision, any documents you want to rely on must be raised at the original hearing, not saved for the appeal. Appeals are only granted when there is a significant error or a genuine public interest issue.
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Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/mr-zain-anwar-v-rasier-pacific-pty-ltd-2026-fwcfb-129Want 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 →