The Tribunal dismissed the driver's claim for breach of contract arising from deactivation of his Uber account, holding that the applicant failed to discharge his onus of proving on the balance of probabilities that he was not in material breach of an essential term of the Services Agreement. Three complaints of sexual misconduct from different users over a confined period of approximately one year, being serious and similar in nature, told against the applicant's bare denial notwithstanding his high overall rating and the small proportion of complaints relative to total trips. The Tribunal also held that earlier complaints from 2020, being distant in time and different in nature, could not reasonably be relied upon to justify the 2024 deactivation.
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