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FWCFair Work Commission · 30 January 2025

[2025] FWC 27

Citation: [2025] FWC 27

What happened

the Applicant was employed as a trades assistant (car washer and yard hand) at Northpoint Toyota's Gepps Cross location since June 2022. In April 2024, the Applicant was involved in a car accident resulting in a suspended driver's license due to an unexplained medical episode. He was off work and received jobseeker benefits while awaiting medical assessment. Northpoint initially kept his job open but struggled to find temporary replacements. After attempts to contact the Applicant failed, a show cause meeting was scheduled for August 20, 2024, to discuss his ability to perform his duties. The Applicant was dismissed on August 22, 2024.

What was decided

The Fair Work Commission ruled that Northpoint Toyota did not unfairly dismiss the Applicant. The Deputy President found that Northpoint had a valid reason for the dismissal, relating to the Applicant's inability to perform the inherent requirements of his job due to his suspended driver's license and lack of communication regarding his prognosis. The Commission noted the Applicant’s failure to provide medical information or a diagnosis. The application was dismissed.

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unfair-dismissal

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc27.pdf

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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 →

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