The FWC has dismissed an employer's application to reduce a redundancy payment to nil, finding redeployment options unacceptable because of excessive travel time and reduced income.
The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.
In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.
The High Court will next month hear two special leave applications challenging findings that, in considering ordinary turnover of labour, employees' reasonable expectation of continuing work helps determine their entitlement to redundancy pay.
A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.
The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.
An FWC full bench has held that it is not empowered to rule on a disbarred lawyer's claim that a senior member is unfit to hold office, but has remitted his unfair dismissal case to another member after finding he was denied procedural fairness.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.
