Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

• [1] Mr Muhammed Ahmed (the Applicant) seeks an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 . The respondent is Uber Australia Pty Ltd (Uber). Uber asserts the Applicant was not an employee but rather an independent contractor. It is unnecessary to canvass that distinction further as the application was also brought well out of time.

• [2] Applications under s 394 must be filed within 21 days of the date of the dismissal to which the application relates. The Commission can grant an extension of time in exceptional circumstances.

• [3] The delay was raised with the Applicant at the time of filing and subsequently in a Conference before me on 11 September 2025. I directed the Applicant to file any further material in support of his extension application in seven days.

• [4] In response to that direction the Applicant provided a short email describing in very general terms a period of illness. I cannot, on that basis, be satisfied that there are exceptional circumstances justifying an extension of time to bring the application.

• [5] Accordingly, the application for an extension of time is refused and the substantive proceeding is dismissed.

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