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.
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.
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.
