The Fair Work Commission is handling increasing numbers of redundancy disputes, and this round-up includes a failure to consult, applications to reduce entitlements, and a claim that redundancy was actually adverse action.
The Fair Work Commission has found an employer fabricated evidence to defend an unfair dismissal claim from an employee whose role was made redundant just days after a positive performance meeting.
Redeployment is the very important "third limb" of the genuine redundancy test and employers need to show they have considered all viable options even in the current climate, says a workplace lawyer.
An employer that published promotional videos about its business success a month after making an employee's role redundant has failed to defend his unfair dismissal claim.
Redundancy challenges are rising sharply in the wake of COVID-19. This webinar discusses new redundancy rulings and their implications; applications to reduce redundancy entitlements; restructuring best practices in light of COVID-19; and specific considerations ahead of the JobKeeper subsidy ending.
An employer needn't wait for a potential crisis to materialise before taking action to protect its business, the Fair Work Commission has ruled, in accepting a redundancy prompted by early COVID-19 concerns was genuine.
A Fair Work Commission full bench has rejected another jurisdictional challenge by Qantas regarding a JobKeeper underpayment dispute. Meanwhile the Commission has reduced an employer's redundancy obligation to nil, accepting it had no capacity to pay.
A workplace lawyer will discuss redundancy-related disputes and rulings during the COVID-19 pandemic, and restructuring considerations as economic and health impacts continue to evolve. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access.
The Fair Work Commission has upheld one employer's application to reduce redundancy pay due to its financial hardship, but rejected another employer's plea.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.