Severance and redundancy page 1 of 11

110 articles are classified in All Articles > Compliance > Severance and redundancy


No car means new role not acceptable alternative: FWC

An employer has failed to convince the FWC that it should reduce a worker's redundancy payment from 13 weeks to six, finding that although it secured another job for him on the same pay, losing private use of a company car meant the role was not "substantially the same".

Lawyer fined after "unreasoned" approach to underpayments

A lawyer has been fined $2400 and her eponymous firm a further $12,000 after a judge highlighted her "unreasoned and unreasonable" belief that the FWO wrongly concluded that it underpaid a legal secretary.

Gay worker not sacked for requesting parental leave: Court

A judge has rejected a sales director's claim that his employer sacked him within hours of him telling his manager he intended to take unpaid parental leave on the birth of his two surrogate children.

HR manager blocked from "retrospective" dismissal: FWC

The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.


FEG should pay agent's delayed commissions: Court

Despite warning of an "unbounded period" of entitlement, DEWR has failed to overturn an AAT finding that a real estate salesperson is eligible for FEG payments reflecting sales commissions that did not fall due until properties settled after the 13-week statutory window.

Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.

HR's efforts fail to avert severance payment obligations

A Fair Work Commission full bench has upheld a finding that a labour hire company must make redundancy payments to a dozen employees, detailing the steps made by its chief people officer but ruling it didn't do enough to procure alternative employment for its workforce.

Taxpayers' bill for Ovato liquidation rises after tribunal ruling

A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.

Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.