the Applicant v RPM Automotive Group Limited & Clive Finkelstein
Citation: [2025] FWC 3800
What happened
the Applicant commenced employment with RPM Automotive Group Limited. He brought an application to the Fair Work Commission concerning a dismissal. the Respondent was also named in the case. The Commission considered whether the Applicant was dismissed for the purposes of section 386(1)(a) of the Fair Work Act.
What was decided
Deputy President Masson dismissed the application. The Commission found that the Applicant was not dismissed within the meaning of section 386(1)(a). The decision states, 'application dismissed.'
What it means for employers
Employers should review their dismissal processes to ensure they comply with the Fair Work Act and understand the legal definition of dismissal.
What it means for employees
Employees should understand the legal definition of dismissal and how it applies to their situation if they believe they have been unfairly dismissed.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3800.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →