TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed for 23 years – respondent restructured its Academic division in 2014 – no longer required applicant’s job to be performed by anyone because of changes in the operational requirements – applicant declared a ‘detached’ employee – whether it would have been reasonable in all the circumstances for applicant to be redeployed – Ulan Coal considered – Commission satisfied that respondent considered redeployment for the applicant, wherever possible, to avert or minimise potential redundancy – satisfied that applicant did not have the skills and experience necessary to perform alternative roles either immediately or within a reasonable period of retraining – satisfied that it would not have been reasonable in all the circumstances for applicant to be redeployed within the respondent’s enterprise – found dismissal was a case of genuine redundancy – applicant was not unfairly dismissed – application dismissed. Kitanovski v University of Newcastle
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