Ride-sharing giant Uber was found to have unfairly deactivated a Melbourne driver’s account following allegations that he was masturbating while transporting a female passenger.
A Melbourne Uber driver accused of masturbating while transporting a female passenger has won his unfair deactivation case, with the Fair Work Commission (FWC) finding the ride-sharing giant failed to prove serious misconduct and didn’t meet code standards.
Having driven for Uber for almost a decade, the driver – whom HR Leader has anonymised – was removed from the platform in June after a female passenger alleged he had masturbated during a trip on 29 May 2025.
During the proceedings before the FWC, the passenger claimed the driver made “physical movements”, was “breathing heavily”, and was using tissues on his glove box on himself.
However, she acknowledged that she did not directly witness him “exposing or touching his genitals”, being seated in the back of the vehicle.
Uber promptly suspended the driver’s account pending investigation.
One week later, the driver was issued a preliminary deactivation notice alleging “multiple instances of sexual misconduct”, drawing on two unrelated complaints from 2018 and making no mention of the May 2025 allegation.
In a written response to Uber, the driver firmly denied any wrongdoing, calling the accusation “false” and stating that he had not been informed of the full details of the incident.
The driver argued that his actions had been misinterpreted, telling Uber that he may have “adjust[ed] my seatbelt” due to his “big tummy” or “touch[ed] my hair and beard” during his usual eight- to 12-hour shifts.
He also urged Uber to “be realistic and get yourself on the road”, arguing how drivers regularly experience being treated “like a slave” by customers.
Despite his defence, Uber formally terminated his access to the platform on 13 June, notifying him only through an in-app message.
FWC deputy president Masson ruled that Uber had not complied with mandatory requirements of the Digital Labour Platform Deactivation Code, which governs how companies like Uber, Deliveroo, and Menulog can suspend or remove gig workers from their platforms.
Under one of the industry codes, companies must clearly outline the reasons for any proposed deactivation and specify the grounds for termination – a requirement the commission found Uber failed to uphold in the driver’s case.
As a result, the commission found that Uber’s actions breached sections 11 and 14 of the code, ruling that the deactivation was “not consistent” with its requirements.
While acknowledging the seriousness of the allegations, the commission found that Uber failed to provide sufficient evidence to prove the alleged sexual behaviour occurred, noting that the female passenger was not called to testify and that the case relied solely on her written statement and internal Uber call notes.
“The allegation of inappropriate sexual behaviour is extremely serious … [but] the hearsay evidence advanced by the respondent provides a fragile base upon which to find that the applicant engaged in the alleged conduct,” Masson said.
Masson ruled that the “deactivation was unfair” and ordered Uber’s Australian arm, Raiser Pacific, to reinstate the driver’s platform access within seven days and pay him $6,073 in lost income since his June deactivation.
