Are You Really A Gig Worker
Your platform account was deactivated but your work always looked like a real job.
Your account was deactivated with a short message and no real explanation. It felt exactly like being fired, even though the platform calls you an independent partner.
Whether gig work counts as true self employment or disguised employment is a genuine, unsettled question in many cases. The answer depends on how the work actually functioned, not the label used.
What makes gig work look more like employment?
Signals include the platform setting your rates, controlling how you are assigned work, penalising you for declining jobs, and requiring exclusivity or specific equipment.
A worker who has real freedom to set prices, work for competitors, and decline assignments without penalty looks more like a genuine independent contractor.
Does deactivation work like a dismissal?
If the relationship is found to be genuine employment, ending your access to work through deactivation can be treated the same as a dismissal under the Industrial Relations Act, the foundation of any unfair dismissal claim.
The reason given for deactivation, and whether you had any chance to respond, becomes relevant in the same way a dismissal reason would.
Who has to justify the classification and the decision?
If you bring a claim, your employer or the platform would carry the burden of showing there was a genuine, unrelated business reason for the decision1.
Screenshots of the app’s rules, your ratings history, and any messages about the deactivation all become useful evidence in that process.
How long do you have to act?
If deactivation is treated as a dismissal, you have sixty days from that date to file a Section 20 representation with the Director General of Industrial Relations2.
Acting within that window matters even while the classification question itself is still being worked out, since the deadline does not wait for that answer.
What should you do this week?
Save the deactivation message, your account history, ratings, and any record of the hours and patterns of your work over time.
If your pay structure is commission based specifically, read about being paid commission only but treated like an employee, and use the deadline calculator to track your window.
Sending a lawyer your deactivation message and your work history helps them assess your classification quickly.
Common questions
Does a platform app agreement calling me a partner settle my status?
No, similar to any contractor label, the actual working relationship matters more than the wording of the agreement. Courts and the Industrial Court look at control and integration into the business, not just the title used.
What if I only worked part time through the platform?
Part time or flexible hours do not automatically rule out employee status, though they are one factor considered alongside control and exclusivity. Describe your actual pattern of work to a lawyer for a clearer view.
Can I challenge a deactivation even without a formal termination letter?
Yes, a deactivation message or in app notification can function as the dismissal itself for the purposes of the sixty day deadline. Treat the date of that message as your starting point.
Is there a minimum number of platform jobs needed to bring a claim?
There is no fixed minimum, so even irregular work can be relevant depending on the overall pattern of control and dependency on the platform. Bring your full history to a lawyer for review.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
Sending a lawyer your deactivation message and your work history helps them assess your classification quickly.