A popular employee who worked as an informal advocate for others has failed to convince a court that his redundancy was actually unlawful adverse action.
In this redundancy update, an employer has to pay redundancy entitlements after reduced an employee's hours; an employee is denied relief after he "effectively sat on his hands" during the redeployment process; and two employers lose their applications to reduce redundancy payouts.
Two employers have failed to convince a Federal Court full bench that employees weren't entitled to redundancy pay because their dismissals were due to "ordinary" turnover of labour following a contract loss.
The High Court has updated and publicised its s-xual harassment policies in the wake of findings against a former judge. Also in this article, Western Australia's new IR bill; an employee retrenched at the height of COVID-19 who saw her employer advertising jobs weeks later can claim unfair dismissal; and more.
The Fair Work Commission is handling increasing numbers of redundancy disputes, and this round-up includes a failure to consult, applications to reduce entitlements, and a claim that redundancy was actually adverse action.
The Fair Work Commission has found an employer fabricated evidence to defend an unfair dismissal claim from an employee whose role was made redundant just days after a positive performance meeting.
Redeployment is the very important "third limb" of the genuine redundancy test and employers need to show they have considered all viable options even in the current climate, says a workplace lawyer.
An employer that published promotional videos about its business success a month after making an employee's role redundant has failed to defend his unfair dismissal claim.
