Redundancy page 9 of 12

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


Making new mother redundant was adverse action: Court

Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found.

Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

AWU calls for ASIC probe to uncover QN entitlements liability

The AWU is calling for the corporate regulator to investigate whether Queensland Nickel breached corporations laws and whether owner Clive Palmer is acting as a "shadow director", as part of the union's push to secure members' outstanding entitlements.


FWC responds to "concerted" targeting of employee

The FWC has reversed disciplinary action against an employee, accepting the CFMEU's argument that her employer unfairly targeted her over work performance issues.

Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

Court rules that adhering to retrenchment clause an "obligation"

A full Federal Court majority has today found that a passively-worded redundancy clause in a university's enterprise agreement imposes firm obligations on it to exhaust other options before proceeding with compulsory redundancies.

Benevolent, accommodating employer loses dismissal case

An employer that the FWC found had "acted quite benevolently" and had tried to accommodate the needs of a worker suffering health problems has been ordered to pay compensation after mishandling her dismissal.

Pre-trial deficiencies "commonplace" in adverse action claims: Judge

The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.