Termination of employment – genuine redundancy – ss.389, 394 Fair Work Act 2009 – respondent submitted that applicant was terminated because of inability and/or unwillingness to learn other duties and because there was no need for a full time employee doing the job that the applicant had been doing – respondent contended that the decision was taken after the applicant broke her ankle and was absent on personal leave – during applicant’s leave other employees performed applicant’s role in addition to their own jobs – respondent decided that applicant was not needed on that basis – applicant submitted that her job still existed despite it being spread around other employees – applicant submitted that a new staff member was employed to perform her role – Ulan Coal Mines considered – if there was no longer any function or duty to be performed by that person, his or her position becomes redundant – Commission satisfied that applicant’s role became redundant – applicant covered by modern award – respondent failed to comply with consultation requirements of modern award – respondent’s failure to consult meant that dismissal was not a case of genuine redundancy – Commission satisfied that termination unjust, as applicant denied an opportunity to discuss redundancy of her position and alternatives to termination – respondent ordered to pay applicant compensation of $5,472 taxed at the appropriate rate. Wright v Victorian Container Management P/L
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