TERMINATION OF EMPLOYMENT – genuine redundancy – reinstatement – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant terminated due to her position as General Manger being made redundant – respondent claimed General Manager position was split into 3 distinct new roles; Director, Human Resources Manager, Community Programs Manager – Commission considered whether dismissal harsh, unjust or unreasonable – found role of General Manager included all of the key responsibilities and functions of new Director role and certain functions were removed to create new HR Manager and Community Programs Manager roles – found respondent deliberately created prerequisite requirements for new roles higher than what applicant possessed in order for applicant to be unsuccessful in winning the new roles – not satisfied employer had valid reason to terminate applicant – termination was harsh and unfair – appropriate remedy reinstatement to role of Director – Order that applicant maintain continuity of employment as Director and compensated for all remuneration which has been lost, less any money paid by way of notice and redundancy. Girdler v Western Sydney Community Legal Centre Incorporated t/a Western Sydney Community Legal Centre (WSCLC)
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