TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent submitted applicant’s termination was a case of genuine redundancy – respondent reviewed organisational structure and subsequently terminated the applicant’s employment on the grounds of redundancy – meaning of ‘genuine redundancy’ under FW Act considered – undisputed that employer no longer required applicant’s position to be performed by a discrete person because of changes in operational requirements of business – Commission agreed with respondent that no modern award or enterprise agreement applied to applicant – Commission nevertheless satisfied that respondent consulted with applicant about redundancy – applicant submitted it would have been reasonable for her to be redeployed into role of Finance Manager – respondent submitted it did not consider the applicant appropriate for the role – redeployment to role of Finance Manager would constitute a promotion – Commission satisfied decision not to redeploy applicant was reasonable – Commission satisfied termination of applicant’s employment was a case of genuine redundancy – application dismissed. Bwalya v PM Financial Services P/L t/a McKinley Plowman & Associates
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