TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – applicant dismissed for reason of redundancy – Small Business Fair Dismissal Code does not apply in circumstances of redundancy – Commission noted that it is the job that is no longer required to be done, not the duties – Commission satisfied redundancy was for operational reasons – if an employer fails to consult and fails to do so there cannot be a genuine redundancy – Commission satisfied discussions commenced as early as reasonably practicable after making a definite decision about the redundancy of the Sales representative position – reasonableness of redeployment also needs to be considered – held it was clear there were no other positions available to which applicant could be redeployed – respondent provided two conflicting instructions about whether the applicant was required to work out the notice period – it is respondent’s role to ensure written and verbal communications were consistent – applicant not dismissed without notice but was not paid in lieu of notice – Commission found dismissal was a case of genuine redundancy – application dismissed. McDonald v Chelsea Flooring P/L t/a Chelsea Flooring
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