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Unfairly Deactivated As A Worker From Uber, DoorDash or Another App?

Australia’s new laws mean “just logging you off” isn’t always legal anymore.


For years, ride-share and delivery workers in Australia were told the same thing after being suddenly locked out of an app:


“You’re an independent contractor. We don’t owe you anything.”


That era is ending.


Recent changes to the Fair Work Act now recognise that many gig workers are “employee-like”, and with that recognition comes legal protection against unfair deactivation.


If a platform cuts off your income without a valid reason or fair process, you may now have rights and remedies.



🚨 What Is “Unfair Deactivation”?


Unfair deactivation is the gig-economy equivalent of unfair dismissal.


It occurs when a digital labour platform:

• Removes your access to the app, and

• Does so without a valid reason, or

• Fails to follow a fair process before doing it


Being “logged off” is no longer just a technical issue, it can now be a legal one.



👥 Who Is Covered by the Law?


You may be protected if:

• You work regularly through a ride-share or delivery platform

• The platform controls key aspects of your work (pay, ratings, access to jobs)

• You’ve been active on the platform for at least 6 months

• Your income depends, in whole or in part, on that platform


You don’t need to be called an “employee” to have rights.

The law looks at how the work actually operates, not the label in the contract.



⚖️ What Platforms Must Now Do


Before deactivating a worker, platforms are generally expected to:

• Provide a valid reason related to conduct or capacity

• Give warnings or notice, where appropriate

• Allow the worker to respond or explain

• Ensure the decision is reviewed by a human, not just an algorithm


Instant, unexplained deactivations are now risky and potentially unlawful.



 When Deactivation May Be Lawful


Not every deactivation is unfair.


Platforms can still act quickly where there is:

• Serious misconduct

• Genuine safety risks

• Fraud or criminal behaviour

• Legal or regulatory obligations


But the key test is reasonableness and process, not convenience.



🧾 What Can You Do If You’re Unfairly Deactivated?


If you believe your deactivation was unfair, you can apply to the Fair Work Commission.


Possible outcomes include:

Reactivation to the platform

Payment for lost income during the deactivation period


⚠️ There’s a strict 21-day time limit, so delays can cost you your claim.



App-based work may be flexible, but flexibility doesn’t mean no accountability.


Algorithms make decisions fast.

The law now asks: Were those decisions fair?


If your livelihood can be switched off with no warning, no explanation and no appeal, that’s no longer “just how the app works.”


It may be unfair deactivation.


If you rely on gig work:

• Keep records

• Screenshot warnings and messages

• Don’t assume silence means you have no rights


Australia’s workplace laws are finally catching up to platform work.


And being “independent” no longer means being powerless.


Just tell me where you want to use it.

 
 
 

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