Despite assisting its workers into new jobs when a contract transferred to a different supplier, an employer has failed to prove it should not have to pay them redundancy entitlements.
An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.
In a long-running case analysing when a redundancy occurs due to the "ordinary and customary turnover of labour", the Federal Court has fined an employer for its "conscious and deliberate" failure to pay employees their entitlements.
An employee has failed to prove that she should have been redeployed into one of several available roles in her employer's associated entities when it was deciding whether to make her role redundant.
A labour hire company has been ordered to compensate a retrenched worker after the Fair Work Commission found its consultation failures made his dismissal unfair.
An employee who accused his employer of "inhumane conduct" after it failed to offer him domestic violence leave then made his role redundant has lost his unfair dismissal claim.
An employee who refused 32 redeployment options didn't realise his employment was at risk until it was too late, the Fair Work Commission has accepted in allowing his unfair dismissal claim to proceed.
The FWC has rejected that an employee's role was made redundant because her manager wasn't sexually attracted to her, finding "no cogent evidence" to support her claim.
An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
