TERMINATION OF EMPLOYMENT – genuine redundancy – performance – ss.389, 394 Fair Work Act 2009 – applicant employed at company for 41 continuous years – deemed surplus as a result of restructure – offered option of immediately taking redundancy package or six month transition period to find another job within company – if after six months the applicant was unable to find suitable redeployment, he would be made compulsorily redundant and collect his redundancy entitlement – five months and one week into the transition period, applicant dismissed for repeated poor performance – applicant involved in five separate incidents over an 18 month period prior to his dismissal – applicant submitted he was upset and distressed at being identified as surplus – respondent submitted applicant dismissed due to poor performance which created an unacceptable risk to company – Smith considered – Commission found reason for termination sound, defensible and well founded but dismissal was harsh and unreasonable – Commission ordered applicant be reinstated into position and transitional process to continue. McGlin v Bluescope Scope Steel (AIS) P/L
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