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"Extenuating circumstances" outweighed employer's consultation failures

Although failing to consult about redundancy would often render a dismissal via retrenchment unfair, an employer has defended an employee's claim based on his "inflexible" approach to workplace matters.

In this case, Fair Work Commission Deputy President Tony Slevin said there were "extenuating circumstances", as the employee was pursuing his own goals "without compromise".

The AgUnity software developer claimed he was unfairly sacked in March this year, but the employer objected on genuine redundancy grounds. Alternatively, it said, the dismissal was not harsh, unjust or unreasonable.

The Commission heard that the employer, which provides services to small farmers around the world, relied on contracts with non-government organisations. Those contracts depended on grants, many of which were US-funded...

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