Uber Drivers Flood Fair Work Commission with Unfair Deactivation Claims
Since the federal government enacted legislation in 2024 to shield gig workers from unjust account terminations, dozens of Uber drivers have filed complaints with the Fair Work Commission. These drivers, classified as independent contractors rather than employees, are increasingly challenging deactivations they deem unfair, highlighting a growing conflict between automated platform management and worker protections.
Assault Victim Faces Platform Deactivation
Michael Thorn, an Uber driver for five years, experienced a brutal assault in April when passengers from a western Sydney pub allegedly threw objects at him, head-butted him, and punched him repeatedly. After receiving hospital treatment, including stitches to his head, Thorn reported the incident to Uber only to discover his account had been deactivated following a complaint from the passengers.
"It's even worse than getting belted," Thorn stated, describing the platform's response as adding insult to injury. Although Uber reactivated his account four days later after a safety officer apologized, Thorn remains under threat of permanent deactivation due to prior passenger complaints he considers unjustified.
Automated Systems Under Scrutiny
Experts warn that Uber's heavy reliance on automated systems to manage its vast Australian driver network—numbering tens of thousands compared to only a few hundred local staff—is leading to arbitrary and illogical deactivations. The Transport Workers' Union reports a devastating flood of violent assaults and fatalities among gig workers in recent years, with algorithmic controls exacerbating vulnerabilities.
In a recent Fair Work Commission case, Uber Eats was ordered to reinstate a delivery rider whose account was deactivated solely because his automated customer rating fell below 85%. The tribunal criticized this approach as "illogical and arbitrary," noting that human employees failed to consider the rider's perspective.
Legal and Union Interventions
The Fair Work Commission has repeatedly condemned Uber's rapid-fire deactivation methods. In a 2025 ruling, the tribunal ordered Uber to compensate a driver with nearly two months of lost earnings after he was unfairly deactivated following an assault by passengers using drugs in his car.
Michael Rawling, associate professor of labour law at the University of Technology Sydney, observed that Uber has effectively outsourced procedural fairness to the commission. "What seems to be happening, whether by default or design, is that it's the Fair Work Commission process that's handling that for Uber," Rawling explained, noting the absence of proper dialogue with affected drivers.
Driver Testimonies Highlight Systemic Issues
Ranjit Singh, another driver, estimates he lost over $2,000 in earnings after being attacked by a passenger who then lodged a complaint that ruined his five-star rating. "They just straight away deactivated my account," Singh said, crediting the Transport Workers' Union with securing his reinstatement after more than a week of automated responses from Uber.
An Uber spokesperson emphasized the company's commitment to safety and acknowledged that deactivation decisions impact livelihoods, stating they are "never made lightly." However, the company declined to comment on individual cases, maintaining that its approach is human-led despite admitting it doesn't review every circumstance personally.
As drivers continue to navigate this precarious landscape, the tension between algorithmic efficiency and fundamental worker rights remains unresolved, with the Fair Work Commission increasingly serving as the final arbiter in disputes over unfair deactivation in Australia's gig economy.
