What triggers the obligation to consult about major change?

One of the required elements of a genuine redundancy is that an employer must comply with the consultation provisions of…

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Redundancy in Australia; the law in a nutshell

What follows is and extract from a recent decision of the Fair Work Commission which sets out the statutory requirements…

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What is a bona fide redundancy?

The Fair Work Commission has developed a body of case law about what is meant by the term “genuine redundancy”,…

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The law of redundancy in Australia

When an Australian employee loses his or her job as a result of redundancy, the employee’s entitlement to a statutory…

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Employers beware; “tokenistic” consultation in redundancies

For a redundancy to be valid, in the sense that it is a defence by an employer to an unfair…

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Is consultation mandatory in redundancies?

Are redundancy consultation obligations mandatory? The academic argument. There is debate in fair work circles about whether or not an…

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Redundancy is about the job, not the functions of the job

Many clients of mine who are made redundant believe when they first contact me that a redundancy is an unfair…

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Redundancy rights abandoned by refusal of lesser job?

That an employee’s dismissal results from a genuine redundancy is a complete jurisdictional defence to an unfair dismissal claim. However…

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When is a redundancy not a redundancy?

The Fair Work Act provides entitlements to statutory redundancy payments to most Australian employees. Statutory redundancy is payable if an…

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Redundancies; the minimum requirements

When dismissing an employee for redundancy, the fact that an employer may not be able to demonstrate that it has…

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