Unfair dismissal and redundancy; onus of proof

When an employer raises the jurisdictional defence to an unfair dismissal case of genuine redundancy, it bears the legal and…

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Redundancy and other acceptable employment; the test

Here is a statement of the legal test which applies when determining acceptable alternative employment for redundancy law in Australia….

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Redundancy; the obligation to consult

A failure by an employer to comply with the consultation requirements of an applicable modern award or enterprise agreement will…

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Redundancy obligations; when they do not apply

Employers covered by the Fair Work Act are obliged to pay redundancy pay to employees who lose jobs due to…

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Redundancy; the classic definition

“Further, in Hodgson v Amcor Ltd; Amcor Ltd & Ors v Barnes & Ors [2012] VSC 94, Vickery J (‘Hodgson…

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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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Redundancy in the fair work system; consultation

It is now tolerably well understood in the Australian community that a redundancy will not constitute a “genuine redundancy” for…

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Redundancy; what qualifies?

Here is an extract from a recent Fair Work Commission case which is  amongst other things a fine analysis of…

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Redundancy; the classic definition

Here is the classic definition of the concept of redundancy, from an extract from a recent Federal Circuit Court decision….

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