TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – Commission found at first instance that dismissal was not a genuine redundancy as employer failed to comply with obligation under Award to give written advice – however termination not unfair as this failure did not affect outcome – appellant argued that Commission wrongly concluded that he had conceded this and failed to properly explore alternatives to redundancy – Full Bench agreed Commission took into account an irrelevant matter – Commission also misled by respondent’s submission about the availability of alternative positions – found decision attended by appellable error – result manifests an injustice – appeal upheld and decision at first instance quashed – matter remitted for rehearing. Appeal by Manescu against decision of Bull DP of 1 June 2017 [[2017] FWC 2424] Re: Baker Hughes Australia P/L
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