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An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".

The two United Lift Services employees – a fitter and an electrician – claimed they were chosen for redundancy in July 2021 because they had raised numerous concerns over their weekly work hours, safety issues, and other matters.

The Federal Circuit Court heard that a month after both employees were elected as delegates of their respective unions (the AMWU and CEPU), the employer informed the AMWU that it was going to retrench two workers...