[2025] FWC 2323
Citation: [2025] FWC 2323
At a glance
- Employees affected
- 1
What happened
Jorge Borlandelli was found to be unfairly dismissed from his employment as a panel beater with Sydney Luxury Smash Repairs Pty Ltd (SLSR) on 24 October 2024. He was awarded $5,441.64 less taxation, plus superannuation of $625.79. Borlandelli sought costs due to SLSR’s actions during the proceedings, including settlement negotiations and production order applications. SLSR, in turn, claimed Borlandelli and his legal representatives acted unreasonably.
What was decided
The Fair Work Commission ordered SLSR to pay Borlandelli’s costs. The Commission found SLSR acted unreasonably in several ways, including failing to confirm settlement offers, pursuing production orders without reasonable prospects of success, and not having a representative available for a hearing. The Commission considered the principles outlined in sections 400A, 401, and 611 of the Fair Work Act 2009 regarding costs orders.
What it means for employers
Employers should carefully consider settlement offers and provide clear reasons for rejecting them. Pursuing legal action, particularly production orders, requires a reasonable prospect of success. Ensuring key personnel are available for hearings is crucial to avoid delays and increased costs.
What it means for employees
Employees should document settlement negotiations and any unreasonable behaviour by the employer during legal proceedings. Seeking legal advice is important to understand rights and options when facing unfair dismissal or other workplace disputes.
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This summary was drafted 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