TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant submitted he was dismissed to prevent accrual of long service leave entitlement – respondent submitted applicant’s termination was a genuine redundancy stemming from cash-flow problems – Commission satisfied applicant’s position made redundant – no ulterior motive – not satisfied respondent complied with consultation requirements arising from relevant modern award – therefore applicant’s dismissal not a genuine redundancy as defined by FW Act – application must be heard on its merits – applicant not dismissed for reason arising out of capacity or conduct – Commission held decision to bring about the dismissal of applicant because of an operational reason – found dismissal sound, reasonable and defensible – not persuaded termination was harsh, unjust or unreasonable – application dismissed. Fletcher v Commodore Wreckers (Gold Coast) P/L t/a Commodore Wreckers
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