The Federal Court has rejected an employer's claim that 14 employees weren't entitled to redundancy pay because their dismissals were due to the "ordinary and customary turnover of labour".
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Redundancy conversations are the most complained about aspect of the transition process, highlighting a need for greater attention to this area, a career transitions expert says.
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The FWC has accepted potential for conflict as a reason not to offer redeployment, while rejecting another employer's appeal against paying $70k to a dismissed worker. Also in this article, HR jobs fall; a think-tank identifies three key HR trends for 2018; grad employers report high satisfaction; and more.
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The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
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Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
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Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
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An employer that told a pregnant employee her role was being made redundant two days before she went on maternity leave took unlawful adverse action against her, a court has ruled.
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The Federal Circuit Court has awarded 30 weeks' redundancy pay to a worker who was given a role he didn't want following a company restructure.
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An employee's dismissal was not a genuine redundancy, the Fair Work Commission has ruled, because the organisation failed to consider him for 40 internal positions within two levels of his pay classification.
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