TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as a sales representative – dismissed after respondent came to the view that it could not afford a full-time sales representative based on applicant’s sales figures – whether genuine redundancy – Commission found the dismissal unjust as the respondent failed to fulfil its obligation to consult with the applicant under the Storage Services and Wholesale Award 2010 – consultation must be meaningful and not merely an afterthought to be genuine [Maswan] – respondent’s failure to consult rendered the dismissal unreasonable even though there was valid reason for dismissal [Harvey] – respondent submitted it was a small business per the FW Act and dismissal was consistent with Small Business Fair Dismissal Code – Commission held the dismissal not consistent with the Code as not a genuine redundancy – the size of the business does not absolve it of responsibility in the method adopted in effecting dismissal – found applicant unfairly dismissed – ordered compensation of $6,723.92 plus 9.5% superannuation. Marafioti v Gonzalez P/L t/a Mac’s Crafts
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