Reasonable alternative employment does not guarantee redundancy pay

It will be a rare case I imagine where the Fair Work Commission will determine that an employee whose position…

Read More →

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…

Read More →

Redundancy pay; other acceptable employment

It is generally well known that an employer may avoid having to pay statutory redundancy pay to an employee whose…

Read More →

Termination of employment and genuine redundancy?

Most Australians are aware that a case of genuine redundancy is a complete defence to a claim for unfair dismissal….

Read More →

Redundancies and small businesses

Redundancies and small business employers Businesses which a truly small business employers are not required to pay statutory redundancy pay…

Read More →

Redundancies in Australia; a summary of the law

The Explanatory Memorandum to the Fair Work Bill 2008 states the following in respect of s.389 of the Act: “Clause…

Read More →

Does lack of consultation render redundancy an unfair dismissal?

Lack of consultation does not render dismissal unfair by itself Section 385 of the Fair Work Act 2009 provides that a claim…

Read More →

Casual service and redundancy

Does service as a casual count for redundancy? Astonishingly, the answer is yes; at least where the service was regular…

Read More →

Redundancy defined

  Here is a definition of redundancy from a recent decision of the Federal Court of Australia. The legal meaning…

Read More →

Redundancy exceptions; ordinary and customary turnover

There are various circumstances under the Fair Work Act in which statutory redundancy pay is not required to be paid…

Read More →