The process for unfair deactivation or termination claims

Unfair deactivation for employee-like workers

Unfair termination for regulated road transport contractors

The regulated worker should first check if this is the right option for them (eligibility).
This is the start of a legal process.

When we get the application, the legal process begins. We will contact the regulated worker (applicant) within 3 days to confirm that we have the application.

• The 21-day deadline
• Apply for unfair deactivation
• Apply for unfair termination

We will send a copy of the application (and any other information the applicant has provided) to the respondent. The respondent is:

• the digital labour platform operator (for unfair deactivation applications), or
• the road transport business (for unfair termination applications).

This gives the respondent a chance to respond and/or object to the application.

We ask them to respond within 7 days.

• Respond to an unfair deactivation claim
• Respond to an unfair termination claim

A respondent may object to the application if they believe we do not have the power to deal with it. This is called a jurisdictional objection. 

If this happens, we may hold a jurisdictional hearing. We might decide that the case can’t continue (dismiss the case).

The case will then go to one of our Members, who is like a judge.

They will consider the application, as well as any responses or objections, and then decide on the next steps. 
In most cases, we will start to deal with the case by holding a conference, where the applicant and respondent (parties) discuss the issues with the help of the Member.

Sometimes the parties will reach an agreement at the conference. If not, our Member will then hold a formal hearing or conference to decide the outcome, usually months later.

Most often they will hear evidence at a formal hearing or conference. This is like going to court. Usually this will happen months after we received the application.

• What happens in a hearing or conference
• Prepare for a hearing or conference

Our Member looks at the evidence. This includes what they heard from witnesses and the parties in the formal hearing or conference.

The Member will decide if the deactivation or termination was unfair.

Most decisions are made within 12 weeks of the hearing.

The written decision is published on our website. The decision includes the names of the parties and some information about the case.

Either party can apply for permission to appeal the decision. They must apply to appeal within 21 days after the decision.

• Appeal a decision