Redundancy page 3 of 12

115 articles are classified in All Articles > Termination of employment > Redundancy


Job service fails in bid to cut worker's redundancy

An employment service has failed to avoid a redundancy payout to a manager who refused its alternative job offer, the FWC finding that although pay and conditions were the same, it would have been a "backward step".

"Righteousness" not enough for unrepresented worker hit with costs

The Federal Circuit Court has slugged an unrepresented litigant with an order to pay $12,500 of his former employer's legal costs, finding that although he did not run the case vexatiously, mere allegations unsupported by evidence rendered it "baseless and groundless".

HR manager's 'ice' accusation not behind dismissal: FWC

An HR manager made redundant less than three months after accusing his managing director of using company funds to pay for a methamphetamine addiction was not unfairly dismissed, the FWC has found.


Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.

Bid to cut severance pay not "industrial fair play"

The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.

FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.

HR expert's "incorrect" advice to wife scuttles dismissal claim

A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.

Redundant geoscientist to return to FWC after alternative role unearthed

A geoscientist made redundant after almost two decades with the same company has been given a second chance to argue he was unfairly dismissed after a full bench found his former employer potentially led a Commission member into error when asserting there were no alternative positions available.

Ill wind blows no good for bullying complaint

A court has thrown out an aggrieved former employee's bullying case, finding he could not substantiate claims of a "complex conspiracy" that involved a flatulent supervisor.