The Fair Work Commission has, in finding an employee was unfairly dismissed, reminded employers that redundancy consultation should be "substantive" and "not merely perfunctory".
An employee had an 'unrealistic' expectation that her employer should have delayed making her role redundant until after her parental leave, the Fair Work Commission has ruled.
An employer that stood down an employee in light of reduced demand for her work did so in contravention of the Fair Work Act, and has been ordered to reinstate her previous hours.
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.
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