[2025] FWC 1428
Citation: [2025] FWC 1428
What happened
Jorge Borlandelli was employed as a panel beater by Sydney Luxury Smash Repairs Pty Ltd (SLSR) from October 2023 until October 2024. His employment ended when he received a text message from owner and director Jackson Pierce dismissing him. Following this, Borlandelli filed workers’ compensation claims and an unfair dismissal application. SLSR’s insurer accepted liability for the workers’ compensation claims, but SLSR believed Borlandelli falsely claimed a back injury. The dismissal occurred after Borlandelli texted SLSR about a back injury and provided medical certificates. SLSR claimed the dismissal was due to unauthorised absences and poor work performance, allegations Borlandelli denied.
What was decided
The Fair Work Commission found that Jorge Borlandelli was unfairly dismissed by SLSR. The Commission determined there was no valid reason for the dismissal, noting the dismissal was linked to a temporary absence due to injury. SLSR did not follow proper procedures, and the dismissal was unjust and unreasonable. The Commission was not satisfied that Borlandelli took unauthorised absences or had poor work performance. Compensation will be determined at a later date.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1428.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →