UNFAIR Deactivation CLAIMS

Have you been deactivated?

If you work for a digital labour platform like Uber, Lyft or Deliveroo and have been deactivated by the platform because of issues with your performance or conduct, you may be able to make a claim that your deactivation was unfair.

In order to make an unfair deactivation claim, you will need to show that you:

– are an employee like worker; 

– perform work through a digital labour platform, such as an app or website;

– have been working regularly for at least 6 months.

If you are able to bring claim, you will have an opportunity to present your case to the Fair Work Commission to show why your deactivation was unfair. This will ordinarily require you to demonstrate that there was no valid reason for your deactivation and that the platform failed to comply with the requirements of the Digital Labour Platform Deactivation Code. You must act quickly though. The law only gives you 21 days within which to file your application.

At SMB Workplace & Employment Law, we can help you identify whether a claim is available to you and help you seek reactivation.