Redundancy law; business decisions not reviewable by FWC

It is not the job of the Fair Work Commission to second guess business decisions of  employers. Accordingly, in an…

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Genuine redundancies; when must an employer consult?

One of the grounds which an employer must make out when seeking to establish the jurisdictional defence to an unfair…

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Genuine redundancy, employer obligations and contractors

An employer cannot rely upon the jurisdictional defence of genuine redundancy to an unfair dismissal claim if it would have…

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Genuine redundancy and redeployment

One of the mandatory factors which disentitles an employer from relying upon the jurisdictional defence of “genuine redundancy” to an…

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Redundancy laws in Australia and unfair dismissal

Where due to a downturn of work or in fact for any other genuine reason an employer decides to reduce…

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The relationship between enterprise agreements and contracts

The relationship between enterprise agreements and contracts of employment. Here is an extract from a very recent decision of the…

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Varying the amount of redundancy pay

Under the Fair Work Act an employer may apply to the Fair Work Commission to vary the amount of redundancy…

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Definition of a redundancy by Parliament

Here is the Commonwealth Parliament’s explanation of what a redundancy is, which the Parliament was intending to be the statutory…

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Unfair dismissal and consultation about redundancies

When the Fair Work Commission is deciding whether the termination of an employee is a genuine redundancy, the issue of…

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Redundancy and the consultation obligation

This passage from a Fair Work Commission case explains the nature of the consultation obligations which are required to be…

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