Sydney. An Uber driver of 11 years persuaded the Fair Work Commission to extend time for his unfair deactivation claim, despite filing the application nearly two months late.
Where: Sydney
Case name: Kwasi Kyei v Rasier Pacific Pty Ltd [2025] FWC 2269
Date of decision: 5 August 2025
Link to full case: Click here to view decision
Who: Kwasi Kyei, Uber driver since 2014
What: Deactivated after passenger alleged substance impairment; lodged claim out of time
Outcome: FWC found exceptional circumstances and granted extension to lodge application
Legal Principle/s:
• Exceptional circumstances may arise from a combination of factors, including deficiencies in the employer’s process.
• Failure to comply with Digital Labour Platform Deactivation Code obligations can weigh in favour of granting an extension of time.
Commentary: This case shows that platform workers may still be able to challenge deactivation outside the 21-day limit if there are procedural flaws and unusual circumstances surrounding the decision.
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