Melbourne. Uber driver brought unfair deactivation claim (which is similar to an unfair dimissal claim for digital labour workers like Uber) which was rejected because he filed it one day late. The Commission found no exceptional circumstances to allow an extension.
Where: Melbourne
Case name: Omar Al Boridi v Rasier Pacific Ltd T/A Uber [2025] FWC 2225
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Omar Al Boridi, a rideshare driver using the Uber platform
What: Deactivated from the Uber app after internal complaints, then filed an unfair deactivation claim one day late
Outcome: Dismissed for being out of time. Commission found no exceptional circumstances to extend the deadline.
Legal Principle/s:
• The 21-day time limit to lodge an unfair deactivation claim is strict.
• “Exceptional circumstances” to extend time must be unusual or out of the ordinary.
• Ignorance of the deadline or unfamiliarity with the process is not enough.
• Internal appeals or delay caused by third parties will not usually justify a late claim.
Commentary:
This case highlights that even a short delay can be fatal to a claim. Gig or digital labour workers must also act quickly, as the Commission rarely allows extensions beyond the 21-day limit.
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