Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
In calling out an employer for failing to consult an employee about her redundancy, the Fair Work Commission has stressed the importance of having "some form of 'keeping in touch' system" during parental leave.
It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
An employer's decision to create a new role to absorb an employee's duties didn't mean her redundancy wasn't genuine, the Fair Work Commission has found.
An employer wasn't obligated to provide a detailed employment contract for a "directly comparable" redeployment opportunity, the Fair Work Commission has found, in ruling it fulfilled its consultation requirements and the redundancy was genuine.
An important High Court challenge regarding the scope of employers' redeployment obligations during restructures will be a key case to watch in the coming year, lawyers say.
An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.
Westpac gave an employee ample warning that she might not receive any redundancy pay if she didn't take up the "identical" role it offered her, the Fair Work Commission has found, in reducing her entitlement from $11,245 to zero.
An HR business partner who was selected for retrenchment based on being the "weakest" performer on the team has been denied permission to appeal a finding that her termination was a case of genuine redundancy.
It was "unfortunate" that the support person an employee chose for his redundancy meetings then took over some of his duties, but the Fair Work Commission has rejected that he was unfairly dismissed.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
