The redeployment obligations confirmed by the High Court today might be "pretty straightforward" in obvious hypothetical scenarios, but they're likely to become "very tricky" for employers operating in the real world, a lawyer says.
The High Court has this morning handed down an important decision that unsettles traditional thinking about the scope of employers' redeployment obligations during workplace restructures.
Although failing to consult about redundancy would often render a dismissal via retrenchment unfair, an employer has defended an employee's claim based on his "inflexible" approach to workplace matters.
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.
Despite being described as "a most diļ¬cult 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.
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.
