Unfair dismissal and consultation obligations

This is  an extract from the unfair dismissal benchbook of the Fair Work Commission and deals with the implications of the redundancy consultation obligation of an employer and that the employee has a role to play in making consultation meaningful.

Employer notified employees of proposed redundancies in writing and then met with the employees to discuss the changes. The meeting with the applicant was brief due to the hostility the she showed towards the employer. However meetings held with the other employees involved an extended discussion about the proposed redundancies. It was held that consultation with the employee was truncated as a result of her attitude and actions, rather than by any refusal by the employer to consult. The consultation obligations in the modern award were satisfied.

Note: The dismissal was found not to be a genuine redundancy because it would have been reasonable for the employee to be redeployed.


Lindsay v Department of Finance and Deregulation (2011) FWA 4078 delivered 14 July 2011 per Williams C