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An employer's decision to retrench an HR consultant was an "egregious example of the unfair exercise of managerial prerogative", the Fair Work Commission has found, while criticising its HR leaders for their "disrespect".
Deputy President Peter Anderson found national agricultural company Como Glasshouse had a valid reason to make the HR consultant's position redundant, but it "blindsided" her when it failed to consult her about the changes and consider redeployment, which would have been reasonable in the circumstances.
"[The] complete absence of any objective reason why consultation did not occur other than that it was not lawfully required, was a stark and abject failure," he said.
The HR consultant, who was based in South Australia, claimed her dismissal in February this year was unfair, but the employer argued it was a genuine redundancy...
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