Reducing redundancy pay by offer of “other acceptable employment”

Reducing redundancy pay by offering alternative employment Sec 120 of the Fair Work Act entitles an employer to apply to…

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Reducing wages; is a refusal a redundancy?

In what is regarded as somewhat of a surprising outcome by employment law practitioners, a senior member of the Fair…

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Unfair dismissal; when is offering voluntary redundancy required?

It is a complete jurisdictional defence to an unfair dismissal claim under the Fair Work Act that the termination of…

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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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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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Redundancy; the legal meaning and effects

I give the company at the centre of the following case an A+ for imagination but an abject fail for…

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Genuine redundancy established due to employee’s incapacity to adapt

It is a complete jurisdictional defence to an unfair dismissal claim if the employer can demonstrate that the dismissal arose…

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Redundancies and re-applying for own positions

Employers who seek to gain protection from unfair dismissal by categorizing a dismissal as a genuine redundancy will fail in…

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Redundancy pay; when will it be reduced or eliminated?

Under sec 120 of the Fair Work Act, an employer may apply to the Fair Work Commission to have its…

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The classic redundancy

In Jones v Department of Energy and Minerals (1995) 60 IR 304 Ryan J said: “it is within the employer’s…

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