Kanwarpal Singh Nanday v Rasier Pacific Pty Ltd

[2025] FWC 1576

[2025] FWC 1576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.536LU - Application for an unfair deactivation remedy

Kanwarpal Singh Nanday
v

Rasier Pacific Pty Ltd

(UDE2025/66)

DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 6 JUNE 2025

Application for an unfair deactivation remedy - application dismissed

1. Mr Nanday has made an unfair deactivation application against Rasier Pacific Pty Ltd  trading as Uber.

1. A person must be protected from unfair deactivation in order to be able to obtain a remedy for unfair deactivation. One of the requirements a person must meet to be protected from unfair deactivation is that they have been performing work on a digital labour platform on a regular basis for a period of at least 6 months (s 536LD(c) of the Fair Work Act 2009 (Cth)).

1. There is no dispute that Mr Nanday performed some work for Uber for a few months in 2017 and started performing work for Uber again on 3 March 2025. Mr Nanday continued performing work for Uber from 3 March 2025 until he was deactivated on 2 April 2025.

1. Mr Nanday is not protected from unfair deactivation because, at the time of his deactivation, he had not performed work for Uber on a regular basis for a period of at least 6 months. It follows that Mr Nanday’s unfair deactivation application must be dismissed.

DEPUTY PRESIDENT

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