TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – whether applicant’s dismissal was a genuine redundancy – applicant employed as long-distance truck driver – applicant informed he faced redundancy due to work practice breaches and company restructure – applicant requested chance to improve but was made redundant – Commission considered s.389 of FW Act – found no person was required to perform applicant’s job due to change in operational requirements – satisfied it was not reasonable for the applicant to be redeployed within the respondent’s enterprise – Honeysett considered – Commission found dismissal was genuine redundancy – application dismissed. Smith v Don Watson P/L
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