What is a genuine redundancy?

  Here is an excellent summary of the statutory elements of a genuine redundancy under the Fair Work Act. “Genuine…

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Genuine redundancy and unfair dismissal

An employer which terminates the employment of an employee as a “genuine redundancy” will have a complete jurisdictional defence to…

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Genuine redundancies and the nature of consultation

What practical steps must an employer take to comply with the consultation obligations of an applicable modern award or enterprise…

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Redundancy as an unfair dismissal defence

There are two fundamental requirements which must have been satisfied by an employer in the termination of the employment of…

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Choosing employees for redundancy; the law

The issue of whether an employer chose the correct person or persons for redundancy is not a matter the Fair…

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Dismissal unfair but not unjust or unreasonable

In an unfair dismissal cased, it is often the case that an employer may fail to establish that a dismissal…

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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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