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Adverse action defence fails despite "logical" redundancy reasons

In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.

Commissioner Paul Schneider said the employer gave "logical" and "rational" reasons for making an employee's role redundant, however its lack of financial data or witness evidence meant it couldn't discharge its onus of proof.

Rimfire Asia Pacific sacked the sales representative in April last year. He subsequently made a general protections claim, arguing his dismissal was prompted by his disclosure of a pre-existing medical condition, as well as a complaint he made about a colleague...

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