An employer that made a manager's role redundant, then sought to settle his unfair dismissal claim by offering to re-employ him, did not act unlawfully, the Fair Work Commission has found. But in another case, an employer that didn't consult with an employee beyond initial talks because it saw the task as futile has been ordered to pay him compensation.
Many redundancy decisions put on hold by JobKeeper 1.0 are now back on the agenda, and a lawyer warns that making fair, defensible decisions about who to select and why will take some careful consideration.
With JobKeeper 2.0 changes coming into effect later this month, an employment lawyer has answered questions from HR Daily Premium members about the new regime.
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more.
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable.
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.
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.
