1Immediate termination under a platform agreement for 'material breach' requires the platform to establish, on the evidence, conduct sufficiently serious to justify termination; surrogate evidence from an employee uninvolved in the original decision-making, without production of internal review materials or contemporaneous customer communications, may be insufficient to discharge that burden.
2An implied term requires that any internal review of a deactivation decision involve genuine consideration of the merits, including providing the driver/delivery partner with sufficient detail of complaints to permit a meaningful response; failure to notify the partner of complaints in a timely manner or to engage with their explanations may render the review process a nullity.
3Applying Berry v CCL Secure Pty Ltd [2020] HCA 27, where a platform wrongfully terminates for material breach, the existence of a separate no-fault termination right (e.g. 30 days' notice) does not automatically cap damages; the platform bears the evidential onus of showing it would have exercised that right, and absent such evidence damages are not so limited.
