CONDITIONS OF EMPLOYMENT – redundancy – s.120 Fair Work Act 2009 – application for variation of redundancy pay – applicant sought to reduce redundancy pay from 14 weeks to four weeks – respondent employed for over eight years as store manager – respondent made redundant due to store closure – applicant submitted made respondent offer of ‘acceptable employment’ at another store location – applicant rejected offer and respondent relocated another staff member to create role for respondent at further store location – respondent submitted was presented with options of redeployment of a redundancy package – respondent contended initially decided to take redundancy package as new store too far to travel – Commission not satisfied respondent entitled to conclude he had choice of redeployment or pay of full redundancy entitlements in circumstances – applicant entitled to pursue application where offer of redeployment rejected – s.120 of FW Act does not impose absolute test on employer’s ability to ‘obtain’ alternative employment but rather refers to action which redundant employee [Derole Nominees] – applicant did act to additional inconvenience and cost for respondent in another store – minor applicant’s offer not deemed sufficient basis for refusing offer of redeployment [Spotless] – offer of redeployment held to be ‘acceptable employment’ – redundancy entitlement reduced to four weeks – order issued. Man to Man P/L t/a Man to Man v Mekkaoui
…
