TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – whether applicant’s termination of employment constituted a genuine redundancy – applicant employed as a hairdresser – dispute as to date upon which applicant’s employment was terminated – applicant submitted termination occurred during a telephone conversation on 4 January 2017 – respondent contended telephone conversation was a discussion about the future of the applicant’s employment and the respondent’s financial position – respondent submitted that termination occurred on 20 January 2017 as consistent with its second termination of employment letter – applicant submitted that termination occurred as a result of her having raised repeated concerns about underpayment of wages – respondent submitted it no longer required applicant’s job to be performed due to changes in the business’ operational requirements – evidence that respondent was strongly advised by its bookkeeper that significant cost-cutting was required due to its poor financial position – this included the respondent changing premises and reducing staff to reduce expenditure – respondent submitted it complied with employer obligations contained in the modern award to consult, notify, discuss and consider averting or mitigating actions with affected employees about major changes that are likely to have significant effects on them (which included termination of employment) – Commission found consultation and discussion obligations were satisfied by way of the 4 January 2017 telephone conversation and that the applicant had sufficient opportunity to raise averting or mitigating measures following the content of the first termination letter – Commission found that there was no reasonable redeployment opportunity available for the applicant – Commission held that applicant’s dismissal was a case of genuine redundancy – applicant had not been unfairly dismissed – application dismissed. Brown v The Hair Room Lancefield
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