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Court outcome SA Transport and logistics

Uber Ordered to Compensate Driver in Landmark Unfair Deactivation Case

Published Updated
Regulator

Fair Work Commission

Status

A court or tribunal has made a decision.

Investigated by

Fair Work Commission

Record summary

Date
Monday 24 March 2025
Location
Hindley Street, Adelaide, SA
Employer or operator
Uber
Type
Assault of rideshare driver by passengers
Deaths
None reported
Injured
1One driver assaulted by three passengers
Regulator
Fair Work Commission

What happened

Incident Overview

On 24 March 2025, Adelaide-based rideshare driver Mohammad Shareed Hotak was assaulted by three passengers on Hindley Street after asking them to stop using drugs in his vehicle. One passenger subsequently lodged a complaint alleging he had threatened them with a baseball bat—a claim he denied.

Uber deactivated Hotak’s account on 8 April 2025, suspending his access to the platform for two months. The Fair Work Commission has now ruled the deactivation “plainly unfair” and ordered Uber to compensate him for lost income during the suspension period.

Persons Involved

Driver

  • Mohammad Shareed Hotak, Adelaide; 4.5 years on platform with 6,000+ completed trips and 4.99/5.0 passenger rating

Passengers

  • Three passengers picked up on Hindley Street; one lodged complaint alleging threat with baseball bat

Incident and Context

Hotak requested the three passengers cease using drugs in his vehicle. He stated they refused and subsequently assaulted him. One passenger filed a complaint with Uber alleging he had threatened them with a baseball bat, which Hotak denied. Prior to the incident, Hotak had been working 40–60 hours per week to support his family.

Injuries / Fatalities

Fatalities

  • None reported.

Injuries

  • Hotak assaulted by passengers; no medical details provided in source.

Investigation Underway

The Fair Work Commission conducted a formal review of Uber’s deactivation decision. The Commission found that Hotak’s account suspension was imposed without sufficient evidence and caused significant personal and economic hardship. Uber had reactivated the account during proceedings but argued no further remedy was warranted; the Commission disagreed and ordered compensation for lost wages during the two-month suspension.

“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.” — Sally McManus, ACTU Secretary

Union and Industry Response

The Australian Council of Trade Unions (ACTU) and the Transport Workers Union (TWU) have hailed the decision as a watershed moment for gig economy workers. Hotak stated he hoped the case would encourage other rideshare drivers to challenge unfair treatment and seek union support. Uber acknowledged that account deactivations impact livelihoods and reaffirmed its commitment to fair treatment of drivers while maintaining safety standards.

In Summary

This ruling establishes a precedent for gig economy workers in Australia. Any rideshare drivers or gig workers who have experienced similar unfair deactivation or suspension are encouraged to contact the Transport Workers Union or seek advice from the Australian Council of Trade Unions regarding their rights and available remedies.

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