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.
An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.
An HR business partner, who was chosen for redundancy because she was "a little bit emotional when dealing with conflict" and not confident in her English-speaking skills, has lost her unfair dismissal claim.
An HR general manager thought it would be "insulting" to offer a retrenched employee "lesser" roles due to his skills and experience, but failing to at least have this conversation made his dismissal unfair, the Fair Work Commission has found.
