Redundancy; the classic definition

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

“Whether a redundancy occurred is a matter which must be considered in the industrial context in which the relevant events occurred.  In Hodgson v Amcor Ltd (2012) 264 FLR 1, Vickery J set out the circumstances in which a redundancy may occur, a statement of the law that was adopted by Sackville AJA, Emmett JA and Adamson J agreeing, in UGL Rail Services Pty Ltd v Janik (2014) 246 IR 320, his Honour saying:

… Vickery J’s analysis in my view accurately summarises the principles stated in the cases.  The key concept is that the job performed by the claimant ceases to exist, or the duties have so changed that for all practical purposes the role no longer exists.  (at 347 [131])

His Honour continued, saying:

Ordinarily, it is necessary for the employee claiming to have been made redundant to show that the changes in the duties and responsibilities of a position are so substantial that for practical purposes the position no longer exists. (at 347 [132])”

ANNING v WESTERN SYDNEY UNIVERSITY (No.2) [2019] FCCA 1313  delivered 21 May 2019 per Cameron J