The Fair Work Commission has found an employee would have accepted a demotion and pay cut rather than "face the unemployment queue" during COVID-19, in awarding him maximum compensation for unfair dismissal.
An employee who was told his position was being made redundant "almost immediately" after returning to work from a long absence is entitled to compensation for a psychological injury, a commission has ruled.
A commissioner has been left "perplexed" as to why an employee didn't complain to HR about his role changing, in rejecting that he was constructively dismissed.
An employer could not claim that it was exempt from redundancy consultation requirements because it had no input into or control over the decision, the Fair Work Commission has ruled.
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak".
A "difficult" employee's redundancy was not a ploy to get rid of him, the Fair Work Commission has found, noting he could have been exited more cheaply and quickly by other means.
The Fair Work Commission has questioned an employer's lack of insight into its contingent workforce, while stressing an obligation to redeploy redundant labour hire workers to its new project prior to engaging others.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
Last year prompted many employers to think more strategically about their redeployment, internal mobility, and outplacement goals, but leading-edge employers are now also combining these areas with their future of work scenarios.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
