[2025] FWC 910
Citation: [2025] FWC 910
At a glance
- Employees affected
- 1
What happened
Marco Fabbro was employed as a Pizza Chef at Tocco Italiano, a restaurant, from October 31, 2022. In August 2024, he injured his shoulder and provided a medical certificate to his employer. On August 19, 2024, Tocco Italiano informed him his position would be made redundant due to a restructure, with his employment ending on September 3, 2024. He received two weeks' pay in lieu of notice. Fabbro subsequently applied to the Fair Work Commission for an unfair dismissal remedy on September 23, 2024.
What was decided
The Fair Work Commission granted Marco Fabbro’s application for relief from unfair dismissal and ordered compensation. The Commission found Tocco Italiano was not a small business employer and the dismissal was not consistent with the Small Business Fair Dismissal Code. It also determined the dismissal was not a genuine redundancy. The Commission considered evidence from Fabbro and Tocco Italiano’s owner, Arturo Buonocore. The application was deemed to have been filed in time.
What it means for employers
Employers should ensure redundancy processes are carefully documented and comply with relevant legislation and modern awards. Simply stating a redundancy is not sufficient; a genuine need for the role to be eliminated must be demonstrated. Employers should also be aware of the requirements of the Small Business Fair Dismissal Code, even if they believe it doesn't apply.
What it means for employees
Employees who believe they have been unfairly dismissed should seek legal advice and file an application with the Fair Work Commission within the relevant timeframe. Providing medical documentation related to any health issues impacting work performance can be important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc910.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 →