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Introduction
In what unions are calling a “watershed moment” for gig economy workers, the Fair Work Commission has ordered Uber to compensate a South Australian driver after he was unfairly deactivated from the platform. The ruling has been described as the first of its kind to secure lost wages for a driver whose account was suspended over unproven allegations.
Case Background
Adelaide-based driver Mohammad Shareed Hotak had completed more than 6,000 trips in four and a half years, maintaining a near-perfect passenger rating of 4.99 out of 5.
On March 24, 2025, Hotak picked up three passengers on Hindley Street. He said he asked them to stop using drugs in his car and leave, after which they assaulted him. One of the passengers later lodged a complaint alleging he had threatened them with a baseball bat — a claim he denied.
Uber subsequently deactivated his account from April 8, leaving him unable to work for two months. Before the incident, he had been driving 40 to 60 hours per week to support his family.
Fair Work Commission Findings
The Commission ruled that the deactivation was “plainly unfair” and had caused significant personal and economic hardship.
Uber argued no remedy was needed since it had reactivated Hotak’s account during the proceedings. The Commission disagreed, ordering the company to pay him the income lost during the two-month suspension.
Union and Worker Response
The Australian Council of Trade Unions (ACTU) and the Transport Workers Union (TWU) both hailed the decision as a breakthrough.
ACTU Secretary Sally McManus said:
“For too long, the livelihoods of workers and their families were devastated by unfair deactivation by powerful multinational companies like Uber. This ruling makes clear that gig workers now have enforceable rights, and companies must respect them.”
Mr Hotak said he hoped the case would give other rideshare drivers confidence to speak up:
“I know how stressful and frightening it feels when your income is suddenly cut off. But we have rights. Reach out to your union, speak up, and don’t be afraid to challenge unfairness.”
Uber’s Position
In a statement, Uber said account deactivations were never taken lightly:
“We know that losing access to the Uber platform impacts livelihoods. Our case review processes are human-led by an expert incident response team and, where appropriate, we review decisions carefully.”
The company reaffirmed its commitment to ensuring drivers are treated fairly while maintaining safety for riders and the public.
Conclusion
The ruling represents a major precedent for gig economy workers in Australia. As unfair deactivation cases gain traction, the decision signals that platforms like Uber will be held accountable when workers’ livelihoods are disrupted without due cause. For unions, it’s a landmark step in their broader campaign to secure enforceable rights for gig workers.