A Workplace Tribunal found Uber had failed to gather evidence and its bot had nonsensical messages which led to the driver being deactivated. The tribunal ordered Uber to reinstate the driver and agree on lost pay. The driver was banned due to excessive speeding, crashing while using his phone and making sexually inappropriate comments. He had multiple complaints against him including road-rage incidents and verbal abuse.
An Uber driver banned after 16 misconduct allegations has won his job back and a year of lost pay after a workplace tribunal found the company had failed to gather evidence and its bot's nonsensical messages repeated found it to have failed to properly engage with new laws introducing employee-like appeals avenue for gig economy workers to fight\ndeactivation via the commission.
The latest case concerned a Melbourne driver who began delivering meals for Uber Eats in 2020 before signing up to perform passenger trips in 2022. Early complaints included riders alleging inappropriate questions, that he was driving while using his phone, going over the limit and tailgating. A passenger also alleged sexually inappropriate remarks and said the ride was extremely uncomfortable. In September 2023, a rider complained of a road-rage incident, harsh braking and driving over 130km/h in a 100km/h zone.
The driver told Uber the rider was drunk and accused the customer of trying to disrespect him and make a claim about not being welcome in Australia. The tribunal found that Uber had failed to gather evidence and its bot gave nonsensical messages. Commissioner Oanh Thi Tran made it clear that the driver was clearly capable of committing misconduct and that the company failed to provide a process for the driver to dispute his deactivation.
The tribunal ultimately ordered Uber to reinstate the driver and agree on lost pay, noting that the driver was the household's primary income source
Uber Gig Economy Workplace Tribunal Misconduct Allegations Lost Pay Reinstatement Employee-Like Appeals
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