Redundancy | Page 2 (243 items)

The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.

Employees' expectations around flexibility and hybrid working are creating "some interesting issues" in redundancy-related disputes, an employment lawyer says.

Redundancies are sometimes a necessary part of organisational change, and even well-managed processes can result in claims from departing employees. Watch this HR Daily Premium webcast to understand how to restructure while minimising legal risks and fallout.

A role with less flexible working arrangements was still an "objectively acceptable" redeployment opportunity, the Fair Work Commission has ruled.

Despite being described as "a most difficult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.

"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.

Notifying an employee of his impending dismissal meeting using a "banal" phrase didn't put him on notice his job was at risk, but the Fair Work Commission has ruled his redundancy was nonetheless genuine.

The Fair Work Commission has cleared an employee to pursue her unfair dismissal claim, rejecting it was a genuine redundancy decision that simply coincided with her planned parental leave.

In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.

A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.