TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant a trainer in civil construction field – respondent submitted dismissal a genuine redundancy – significant decline in students commencing civil construction courses in latter half of 2015 – applicant told position redundant at meeting – evidence there were no vacant positions in business – Commission satisfied respondent had operational reason to reduce number of trainers – found obligation to consult arose when respondent decided to reduce the number of trainers by one – should have advised all civil construction trainers of decision as they were affected employees who should have been given opportunity to discuss decision – by only notifying applicant after decision taken to select him for redundancy no such discussion able to occur – found respondent did not comply with obligations to consult under modern award – not reasonable to redeploy applicant – dismissal not genuine redundancy – decision in UES relevant in determining harshness – while failure to consult does not make dismissal harsh, unjust or unreasonable, in circumstances failure to consult was unreasonable – had respondent advised all trainers of decision, employees may have been able to propose measures to avert or mitigate adverse effects – termination unreasonable – satisfied applicant unfairly dismissed – reinstatement not appropriate – Commission considered applicant likely to have remained in employment for another week to allow consultation to occur, but applicant still would have been selected for redundancy – compensation of one week’s pay ordered. Coll v Foresite Training P/L t/a Foresite Training
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