CONDITIONS OF EMPLOYMENT – redundancy – s.120 Fair Work Act 2009 – employer submitted employee entitled to 10 weeks redundancy pay having been employed for more than five years but less than six years – seeks to reduce employee redundancy entitlement to four weeks on the basis of having obtained ‘other acceptable employment’ – submitted redundancy came about through the non-renewal of the Wollongong outlet lease – further submitted on-going discussions with employee regarding the closure of the shop and discussed possible redeployment opportunities before the Wollongong store closed – employer offered two positions but employee declined both due to additional travel requirements and less responsibility – Hot Tuna considered – Commission found it clear that the employee was not aware her refusal to accept any alternate job offer would affect her redundancy entitlement – nor was she aware that if she secured work with an associated company her accrued entitlements would transfer – employer must demonstrate they have obtained other acceptable employment for the employee – positions offered to employee were acceptable and offered good career prospects but did not reflect full responsibilities of the redundant position and involved potential additional travel – Commission satisfied discretion available to reduce or eliminate its redundancy pay obligations to the employee should be exercised by reducing the entitlement to five weeks redundancy pay – order issued. The Trustee for Gruzin Family Trust and the Trustee for SWJ Investment Trust t/a Pointvale P/L & Performtech P/L v Thomson.
…
