Unrepresented employee wins procedural fairness appeal
An employee who accused a Fair Work Commissioner of bias and bullying has partially won an unfair dismissal appeal on procedural fairness grounds. » more »
Redundancy (155 items)
Scepticism understandable, but redundancy was genuine; Consultation duty clarified
An employer that made a manager's role redundant, then sought to settle his unfair dismissal claim by offering to re-employ him, did not act unlawfully, the Fair Work Commission has found. But in another case, an employer that didn't consult with an employee beyond initial talks because it saw the task as futile has been ordered to pay him compensation. » more »
Employers warned about redundancy selection criteria
Many redundancy decisions put on hold by JobKeeper 1.0 are now back on the agenda, and a lawyer warns that making fair, defensible decisions about who to select and why will take some careful consideration. » more »
Q&A on JobKeeper 2.0 and pandemic flexibilities
With JobKeeper 2.0 changes coming into effect later this month, an employment lawyer has answered questions from HR Daily Premium members about the new regime. » more »
HR's redundancy defence "flawed"; Case law update; more
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more. » more »
Employer responsible for HR's redundancy "errors"
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable. » more »
Stand down was 'operationally straightforward', but unfair
It was unfair for an employer to stand one employee down entirely while keeping other workers on full-time hours, the Fair Work Commission has ruled. » more »
Dismissal ruled harsh after short redundancy meeting
An employer that made an employee's role redundant after consulting with her for 15 minutes has been ordered to compensate her for unfair dismissal. » more »
Single person stand down "not consistent with the FW Act"
Imposing "the whole burden" of a group's reduced hours on one full-time employee was not a legal stand down, the Fair Work Commission has ruled. » more »
Employee fails to prove "passion" for staff welfare cost him his job
A popular employee who worked as an informal advocate for others has failed to convince a court that his redundancy was actually unlawful adverse action. » more »
Free newsletter
Sign up now for your complimentary HR Daily newsletter subscription and gain access to all of our free editorial, as well as special offers and event invitations.
Webinar registration
Minimising workplace psych risks
This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
