TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – applicant employed as Deputy Director of Office of Research and Innovation from March 2013 – in October 2015 department restructured and applicant’s position declared excess – applicant engaged in redeployment processes however not successful in being placed elsewhere – applicant dismissed by reason of redundancy on 29 April 2016 – applicant submitted dismissal unfair as only offered one role at a lower level and for a fixed term rather than on an ongoing basis – Ulan Coal Mines Ltd v Honeysett considered – to require a redeployee to engage in a competitive selection process might lead to a conclusion that the redundancy is not genuine – Commission satisfied no position available for applicant at the time of dismissal – satisfied university no longer required applicant’s job to be performed by anyone – satisfied dismissal was a genuine redundancy – application dismissed. Scholz v Charles Darwin University
…







