Sydney. A rideshare driver was deactivated after a passenger complaint was allowed to proceed with his unfair deactivation case, even though it was lodged 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 a passenger alleged he was impaired by substance abuse
Outcome: Fair Work Commission granted an extension of time to file an unfair deactivation claim
Legal Principle/s:
• Extension of time can be granted if there are exceptional circumstances.
• Deactivation must comply with the Digital Labour Platform Deactivation Code.
• Even new laws apply strict procedural fairness requirements to platform operators.
Commentary:
This is a significant decision under the new unfair deactivation laws. It shows that drivers may still get a hearing even if they miss deadlines, especially if the company skips procedural steps.
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