TERMINATION OF EMPLOYMENT – genuine redundancy – ss. 389, 394 Fair Work Act 2009 – respondent objected to the applicant’s unfair dismissal application on the basis that the applicant’s termination was a genuine redundancy and was consistent with the Small Business Fair Dismissal Code – Commission considered there was little utility in considering whether the respondent was a small business and the respondent advised it was no longer pursuing its original position in relation to the Code – Commission to consider whether the dismissal was a genuine redundancy – satisfied that the position held by the applicant was no longer required – Commission considered discussions between the parties prior to the applicant’s termination – written advice from the respondent regarding the applicant’s termination was not indicative of the respondent’s preparedness to review its position – Commission therefore not satisfied that the consultation requirements of the Act had been met – respondent would have been required to provide redeployment opportunities to the applicant – jurisdictional objection dismissed. Cunningham v Scotia Inspection Consultants P/L t/a Scotia Inspection Consultants
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