TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed by respondent as its Darwin Branch Supervisor – applicant claimed dismissal was unfair – respondent claimed the dismissal was for reason of genuine redundancy – parties agreed the applicant was covered by the Pest Control Industry Award 2010 – Commission considered reasoning of Federal Court in relation to ‘bona fide redundancy’ within the meaning of taxation legislation – confirmed requisite finding is available on the evidence – respondent no longer needed the Branch Supervisor position formerly held by applicant because of changes in operational requirements of its enterprise – respondent complied with consultation obligations under Award – applicant rejected possible alternative engagement possibilities – Commission satisfied applicant’s dismissal was for reason of genuine redundancy – applicant had not been unfairly dismissed within the meaning of s.385 of the Act – application must resultantly fail – merits of the unfair dismissal application unnecessary to consider – application dismissed. Law v Amalgamated Pest Control P/L t/a Amalgamated Pest Control
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