Uber has been ordered to pay a driver whose account was unfairly deactivated on false allegations that he threatened passengers with a baseball bat.
An Uber driver who was unfairly deactivated from the platform after he was falsely accused of threatening passengers with a baseball bat will be paid almost two months’ worth of lost wages in a landmark decision by the Fair Work Commission.
It is the first time a gig worker – such as rideshare and food delivery drivers – has successfully fought unfair deactivation and been financially compensated under national legislation that was passed earlier this year to better protect workers.
Mohammad Shareef Hotak picked up three passengers in Adelaide about 11pm on March 24, but the trio allegedly soon started using drugs in the car.
Mr Hotak stopped the car and asked them to leave, but he was then allegedly attacked from behind by the group.
He reported the alleged incident to Uber and SA Police, but one of the passengers then alleged Mr Hotak had threatened them with a baseball bat.
That led to the rideshare company issuing a preliminary deactivation of his account on March 29.
Via the Transport Workers’ Union, he applied to the Fair Work Commission for an unfair deactivation remedy after he was issued a final deactivation notice on April 8.
Uber reactivated his account on May 19 and argued there was no need for an unfair remedy, but the commission disagreed.
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