Posts

Redundancy and Obtaining Alternative Employment

When an employer was making some employees redundant, it worked with another business to obtain offers of employment for those employees. As a result of those efforts, some of the redundant employees were offered employment with that other firm.

Failure to Fully Consult Not Necessarily Fatal

When making employees redundant, if an employer fails to properly consult with those affected beforehand, the termination can be deemed not a genuine redundancy. If this finding is made, it is then open for the Fair Work Commission to find a termination to be harsh, unjust or unreasonable. This is what nearly happened to a […]

When is a redundancy not a redundancy?

Ball v Metro Trains Melbourne T/A Metro Trains [2012] FWA 7729 (11 September 2012) “In this case the Applicant’s position was redundant. However, it is not a genuine redundancy…”. These words are a direct quote from a recent Fair Work Australia decision.  On its surface, this seems like a ridiculous outcome: on the one hand […]