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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A little known fact; consultation requirements in redundancy

As Peter Sellers used to say (according to Michael Caine) “Not many people know that”. I never cease to be…

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Redeployment implications for genuine redundancy

A termination of employment because of a genuine redundancy is a complete jurisdictional defence to an application for an unfair…

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Outsourcing and unfair dismissal

There are occasions when a company may purport to outsource work to another company and then claim that as a…

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Statutory redundancy obligations Part 2

Statutory redundancy in sale, transfer or transmission of business Part 2 The most commonly encountered redundancies arise when an employer…

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