Genuine redundancy; the legal requirements

Employers which are sued for unfair dismissal have a complete jurisdictional defence if they can establish that the dismissal arose…

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Redundancy laws in Australia; consultation must be meaningful

It is an essential legal element of a genuine redundancy under the Fair Work Act that an employer has complied…

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Redundancy; consultation must be real and meaningful

Here is an extract from a Fair Work Commission case which makes it clear that the consultation obligations of any…

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The consultation requirements for genuine redundancies

One of the statutory requirements for a redundancy to be “genuine” is that the employer must have complied with the…

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Dismissal may be fair despite lack of consultation

It is reasonably well known that one of the statutory requirements of a genuine redundancy is that the employer must…

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Compensation for unfair dismissal in redundancies

It is well known that the termination of employment of an employee will not constitute an unfair dismissal if it…

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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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Genuine redundancy but unfair dismissal

For a case where the Fair Work Commission has concluded that a redundancy was genuine in the sense that there…

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What is required to meet an obligation to consult?

There are many instances in workplace relations law when a party is obliged to “consult” with another party. For example,…

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How to interpret an enterprise agreement and EA consultation obligations

“In giving consideration to this issue, we are guided by the most recent High Court authority Amcor Ltd v. CFMEU….

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