TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed by respondent to assist in the maintenance of a plant nursery – respondent submitted dismissal was genuine redundancy – respondent is independent Commonwealth statutory authority which relied on grants from other departments – respondent utilised a grant to engage number of casual employees – casual positions were not advertised but rather candidates were identified as suitable by their unemployment status and willingness to undertake short term employment – respondent submitted that applicant fully understood the position was casual and was created by virtue of the grant – applicant’s employment governed by NLC Enterprise Agreement 2011 – in June 2016 the pool of surplus funds used to pay casual employees was exhausted – applicant submits that she was given no forewarning that operation of nursery was to cease, that there was no discussion as to redeployment and she was not afforded an opportunity to participate at Kenbi Ranger meetings – all casual employees in pool were terminated – respondent submitted that that after notifying applicant that her position was being made redundant, she became aggressive and displayed conduct inconsistent with the NLC code of conduct and that her conduct prevented further discussions regarding potential redeployment opportunities – applicant submitted that dismissal was due to her supervisor not liking her – Commission satisfied that respondent’s financial position at time of dismissal, coupled with the impromptu and limited nature of casual employees’ engagements, lent itself to finding that respondent was not in position to continue applicant’s employment – satisfied that respondent no longer required applicant’s job to be done by anyone due to changes in operational requirements – satisfied that respondent was under no obligation to consult about redundancies to the casual staff by reason of specific exclusion of casual employees in enterprise agreement – satisfied respondent complied with obligations under agreement which required respondent to consult with employees over major change – satisfied that redeployment was not reasonably open to respondent – held dismissal was a genuine redundancy – application dismissed. Williams v Northern Land Council
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