An employer had a right to make operational changes that led to a redundancy, even if the impacted employee considered them "bad, or wrong" decisions, the Fair Work Commission has held.
An employer's adverse action defence has fallen down over its failure to confirm which HR professional recommended a final warning for an employee's misconduct.
An employer acted with "undignified haste" when making a manager redundant, with no attempt to offer him one of three available redeployment options, the Fair Work Commission has found.
An employer has failed to prove it shouldn't have to pay redundancy entitlements to workers who moved to a new labour supplier at the same site after a contract changed hands.
An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.
An employer's "shameless" attempt to use unpaid entitlements as a bargaining chip to settle an unfair dismissal claim was "disturbing and distasteful to observe", the Fair Work Commission has said.
A redeployment offer was "clearly a demotion" for an employee, the Fair Work Commission has ruled in rejecting an employer's bid to reduce her 13-week redundancy entitlement.
An employer has failed to prove a worker's trial period didn't count towards her tenure, or that her redundancy was genuine, with the Fair Work Commission ordering it to pay her maximum compensation for unfair dismissal.
It was unfair to deny an employee the opportunity to discuss redeployment options, but her "hysterical" and "unbalanced" conduct during the consultation process made her redundancy genuine, the Fair Work Commission has ruled.
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