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Waiting three months to consult about redundancy costs employer $19k

An employer decided to make an employee's role redundant three months before it consulted with her, the Fair Work Commission has found, in ordering it to pay $19k for unfair dismissal.

Accepting the employer's redundancy decision was based on a downturn in its business, Fair Work Commission Deputy President Judith Wright found that delaying the consultation process denied the employee any opportunity to influence the outcome.

The case involved a former projects coordinator for electrical contracting company Kerfoot. She claimed unfair dismissal after her employment ended in October last year, but the employer objected on the basis her dismissal was a genuine redundancy.

The Commission heard the employer started to experience a downturn in work in June 2025. Around the same time, its projects administrator resigned, and it decided to merge that position into a new accounts receivable officer role that would also perform finance team activities.

This role was filled in July, and the employee was tasked with training the new recruit in certain duties of the position...

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