TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent raised jurisdictional objection contending dismissal a case of genuine redundancy – applicant submitted that no genuine redundancy because respondent failed to comply with Award consultation obligations – applicant further submitted that reasonable for respondent to redeploy within enterprise and was in fact redeployed to new role due to change in responsibilities – respondent argued that it no longer required the role to be performed; it did comply with the Award consultation obligations and were not able to redeploy applicant – respondent further submitted that the applicant was not redeployed as contended – Commission of the view case of genuine redundancy – Tyszka and Ulan considered – applicant had opportunity to provide input regarding change during team meetings – fact that discussions took place before decision to implement change does not diminish opportunity to provide input – applicant consulted about change and respondent complied with award obligations – redeployment of applicant not possible and applicant did not provide alternative solutions – despite fact applicant continued to perform job, maintain salary and benefits such as company car, no longer able to make decisions affecting ACT branch of respondent such as money expenditure – respondent contended no new contract and no difference in position description – jurisdictional objection upheld – application dismissed – Order issued. Schade v Able Australia Services t/a Able Australia
…
