A Full Bench of the Fair Work Commission has considered the issue of a position being changed to incorporate additional qualifications and duties, where the new job incorporated about 70% of the former role which was made redundant...
In a significant decision on Australian employment contract law, a full court of the Federal Court has found that the Commonwealth Bank breached an implied term of trust and confidence when it failed to consider redeployment opportunities for one of its…
A non-genuine redundancy may still constitute a "reasonable, defensible and well-founded" reason for dismissal. Unfortunately many small business owners are unaware of their obligations and find themselves defending unfair dismissal claims in circumstances…
After making a complaint regarding workplace bullying, a Professor was dismissed on the grounds of redundancy due to financial constraints within RMIT. On hearing the evidence, Justice Gray determined that the redundancy was a sham and was done for the…
Fair Work Australia has given two former employees the right to pursue unfair dismissal claims against a company employer despite it being in receivership, with the tribunal confirming it is not a "court" under the Corporations Act...