Employer "wildly exaggerated" impact of redundancy pay
An employer "wildly exaggerated" its inability to pay an employee her full redundancy entitlement, but has nonetheless succeeded in reducing the amount. » more »
Redundancy (167 items)
HR specialist's redundancy process upheld as reasonable
An employee has failed to prove he was selected for redundancy because of interpersonal conflict with his manager. » more »
Workplace misbehaviour complaints didn't result in adverse action
The Federal Circuit Court has rejected that an employer 'concocted' an employee's redundancy after she complained about bullying and "dark and damaging" workplace behaviours. » more »
EA terms didn't "displace" employment contract
An enterprise agreement's redundancy provisions did not "displace" those in an employee's contract, a court has ruled in dismissing his dispute. » more »
Employee would have accepted demotion, redundancy wasn't genuine
The Fair Work Commission has found an employee would have accepted a demotion and pay cut rather than "face the unemployment queue" during COVID-19, in awarding him maximum compensation for unfair dismissal. » more »
Employee "blindsided" by redundancy wins psych claim
An employee who was told his position was being made redundant "almost immediately" after returning to work from a long absence is entitled to compensation for a psychological injury, a commission has ruled. » more »
Employee ignored "significant rights" to challenge role changes, no forced dismissal
A commissioner has been left "perplexed" as to why an employee didn't complain to HR about his role changing, in rejecting that he was constructively dismissed. » more »
Lack of control over redundancy didn't excuse consultation failure
An employer could not claim that it was exempt from redundancy consultation requirements because it had no input into or control over the decision, the Fair Work Commission has ruled. » more »
"Rigorous" redundancy selection process didn't target safety complainer
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak". » more »
'Clearly difficult' employee's redundancy was genuine
A "difficult" employee's redundancy was not a ploy to get rid of him, the Fair Work Commission has found, noting he could have been exited more cheaply and quickly by other means. » more »
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