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Genuine redundancy or unfair dismissal? The difference could be in the consultation
The article examines employer compliance with consultation requirements in the context of redundancy and unfair dismissal.
Australia
23 Sep 2019
2
Unfair dis­missal – Con­fi­den­tial­i­ty no excuse for fail­ure to con­sult on redundancy
This decision has considered a dilemma for employers when managing redundancies in a confidential business acquisition.
Australia
13 Apr 2019
3
An employee commute thwarts an employer commuting redundancy pay
The employer applied to the FWC to vary the amount payable to an employee, terminated on the basis of redundancy, to nil.
Australia
15 Jan 2019
4
Avoiding redundancy pay where the employer obtains other acceptable employment for the employee
An employer can rely on the exemption if employment can be found in the same organisation or with a different employer.
Australia
10 Sep 2018
5
Five employment law cases that shook the world: #4 - No redundancy consultation, no unfair dismissal
Consultation would not have produced a different conclusion, so the dismissal was not unfair by the failure to consult.
Australia
10 May 2018
6
Five employment law cases that shook the world: #5 - Service as a casual counts in redundancy pay
Regular and systematic service as a casual does count when calculating redundancy (if that employee becomes permanent).
Australia
10 May 2018
7
The top five mistakes employers make when terminating employment: No. 2 - Incorrect termination pay
The rules on termination pay are extremely complex and it is no surprise that this is an area where errors often occur.
Australia
1 Mar 2018
8
Quirks in modern awards #3: No small business exemption for redundancy pay under certain awards
Some awards provide that redundancy pay is payable by certain small business employers (albeit on a reduced scale).
Australia
2 Dec 2017
9
Redundancies: New case sheds some light on consultation and redeployment obligations
If an employer has not complied with consultation requirements, the shield of "genuine redundancy" may not be available.
Australia
8 Nov 2017
10
Are dismissals genuine redundancies when employees have rejected a pay cut?
Employers are well advised to tread carefully when dealing with such a scenario, to avoid unfair dismissal claims.
Australia
17 Aug 2017
11
Redundancy - defending claims for unfair dismissal
The process for exiting employees must comply with relevant statutory requirements to defend claims for unfair dismissal.
Australia
17 May 2017
12
Calculating redundancy payments – does prior service as a casual count?
Periods of "regular and systematic" prior employment as a casual are counted when calculating notice and redundancy pay.
Australia
20 Jan 2017
13
Minimising employer redundancy obligations
It is possible for employers to apply to minimise their statutory redundancy obligations to staff whom they retrench.
Australia
29 Jul 2016
14
Redundancy - can an employer avoid payouts by getting their employees another job?
These decisions set the bar very high for employers wishing to rely on s 120 of the Act to reduce redundancy payments.
Australia
28 Sep 2015
15
Redundancy - can an employer reduce or avoid payouts by getting their employees another job?
These decisions set the bar very high for employers wishing to rely on s120 of the FW Act to reduce redundancy payments.
Australia
2 Sep 2015
16
Redundancy - when don't you have to pay it?
In this decision, the Full Bench of the Federal Court considered the circumstances of a company that had lost a contract.
Australia
31 Aug 2015
17
Redundancy... is it still a more convenient way of removing a difficult employee?
Redundancy is still an important employment management prerogative, but care does need to be taken with the process.
Australia
27 Feb 2015
18
Can a change in required skills and competencies make an existent role redundant?
This should only occur where it would be unreasonable for the existing employee to undertake further required training.
Australia
15 Mar 2014
19
When is Redundancy Genuine?
A recent decision highlights the legal requirements that employers must consider, when terminating due to redundancy.
Australia
23 Feb 2013
20
Employee rights when your employer becomes insolvent
The Fair Entitlements Guarantee Bill 2012 formalises the General Employee Entitlements and Redundancy Scheme.
Australia
15 Dec 2012
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