The Fair Work Commission has handed down its decision to award lost pay in the first TWU-run case of an Uber driver's unfair deactivation.
It is the first time, using new laws passed by the Albanese government, that a worker has won an unfair deactivation as well as had lost pay ordered.
The Commission was scathing in its rejection of Uber's argument that no lost pay could be ordered, saying "Uber's construction would produce unjust consequences" because it could simply reactivate workers at any time during proceedings and "deny meaningful redress for unfair deactivation."
In April the driver was assaulted by passengers who he'd told to stop using drugs in his car. Despite reporting the incident to the police and immediately speaking to the Uber support team, he was deactivated from the platform after the passengers made false claims that he'd threatened them with a baseball bat.
Though the driver was subsequently reactivated by Uber, he was unable to earn money through the app for almost two months, and struggled financially. He currently supports both his brother and mother, and between Uber and other casual employment works up to 70 hours a week to make ends meet.
The Fair Work Commission said "The experience of being deactivated left Mr Hotak feeling extremely stressed, anxious and unsupported. Mr Hotak suffered a significant loss of income and financial hardship" and that his deactivation "was plainly unfair."
Since the new protections came into effect, the TWU has pushed for dozens of gig workers to be reactivated outside of the Fair Work Commission, with this being the first matter to proceed to hearing.
TWU National Secretary Michael Kaine said:
"This is a huge win for gig workers who until recently could just be kicked off an app and have absolutely no recourse for it.
"The Fair Work Commission has slammed Uber's arguments, which would allow it to deactivate and reactivate workers as it pleased with no regard for the financial and emotional hardship workers experienced."
"Uber has done its best to avoid scrutiny by settling cases rather than have its practices put under the microscope. This decision by the Fair Work Commission is a step towards fairness for gig workers who are now able to stand up for their rights, and it's proof that Uber now has to be accountable for its AI-fuelled systems which are impacting real human lives."
