Unfair dismissal and redundancy

 

The Fair Work Act provides that one of the requirements for the termination of the employment of an employee to constitute a “genuine redundancy” is that “the person’s employer no longer required the person’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise”.

What does the expression “operational requirements” mean? Here is the answer.

“Operational requirements’ is a broad term and involves the past and present performance of the business, the state of the market in which the business operates, steps that may be taken to improve efficiency by installing new processes, equipment or skills, or by arranging labour to be used more productively, and the application of good management to the business.”

Trask v Vaughan Constructions Pty Ltd  [2021] FWC 1218 delivered 5 March 2021 per Lake DP