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ARTICLE · 11 OCTOBER 2025

Uber Driver To Be Paid "Lost Pay" Following Unfair Deactivation

Piper Alderman
Piper Alderman
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The remedies available to employee-like workers of digital labour platform operators under the relatively new "unfair deactivation" provisions.

AustraliaEmployment and HR
Ben Motro
Ben Motro
Emily Setter
Emily Setter
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The recent Full Bench decision of the Fair Work Commission in Hotak v Rasier Pacific Pty Ltd [2025] FWCFB 214 has clarified the remedies available to employee-like workers of digital labour platform operators under the relatively new "unfair deactivation" provisions of the Fair Work Act 2009 (Cth) (the Act). In this article, Ben Motro, Partner, and Emily Setter, Senior Associate, summarise the decision and its key implications for businesses.

Case Summary

Mr Hotak, an Uber driver, had his account deactivated by Rasier Pacific Pty Ltd (Uber) on 8 April 2025 following an alleged physical altercation involving passengers. Mr Hotak denied the allegations, claiming he was assaulted after asking the passengers to stop using drugs in his vehicle.

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