TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a Para Planner – respondent argued operational changes were implemented due to a reduction in sales performance – applicant covered by the Banking, Finance and Insurance Award 2010 – award required respondent to consult applicant regarding ‘major workplace changes’ – Commission found the respondent did not comply with consultation provisions under the award – meeting with applicant to terminate employment was conducted by a HR consultant – HR consultant failed to advise obligation to consult – lack of in-house HR had a detrimental impact on the procedure to terminate applicant’s employment – applicant not entitled to severance or redundancy as respondent was a small business – Commission found absence of consultation in accordance with award means redundancy was not a ‘genuine redundancy’ but not a serious procedural deficiency – dismissal found not to be harsh, just or unreasonable – application dismissed. Priest v HFB P/L atf Admin Trust t/a Howe Ford & Boxer
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