Tashi Namdak v Uber Trading as Raiser Pacific Pty Ltd

[2025] FWC 2242

[2025] FWC 2242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.536LU - Application for an unfair deactivation remedy

Tashi Namdak

v

Uber Trading AS Raiser Pacific Pty Ltd

(UDE2025/146)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 1 AUGUST 2025

Application for an unfair deactivation remedy

1. Tashi Namdak (Applicant) applied for an unfair deactivation remedy under s.536LU of the Fair Work Act 2009 (Cth) on 3 July 2025. The Applicant stated in their application form that their deactivation from the Respondent’s digital labour platform took effect on 10 December 2024.

1. On 9 July 2025, the Commission contacted the Applicant by telephone and the Applicant confirmed that the dates they had provided in their application form were correct.

1. On 25 July 2025, my Chambers emailed the Applicant informing them that, based on the information that they had provided, they did not meet the eligibility criteria to make an application for an unfair deactivation remedy. The email directed the Applicant to advise my Chambers of the date they were alleging their deactivation took effect and of any other reasons they had for why their application should not be dismissed under s.587(1)(c). That correspondence also informed the Applicant that if they did not respond to the email by 30 July 2025, their application may be dismissed without further notice.

1. The Applicant did not provide a response to the email of 25 July 2025 and, to date, has not made further contact with the Commission.

1. A person applying for an unfair deactivation remedy under the Act must have had their deactivation take place on or after 26 February 2025[1].The material before the Commission indicates that Tashi Namdak has not satisfied this requirement and, therefore, I have formed the view that their application has no reasonable prospects of success. As such, Tashi Namdak’s unfair deactivation remedy application is dismissed under s.587(1)(c) of the Act. An order[2] to this effect will be issued with this decision.    

COMMISSIONER

[1] cl.124 of Schedule 1 of the Fair Work Act 2009 (Cth).

[2] PR790257.

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< PR790256>