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Employment Update

High Court weighs in on redundancy -Fair Work Commission entitled to consider contractor positions

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The Fair Work Commission (‘FWC’) could inquire into whether it would be ‘reasonable in all the circumstances’ to redeploy employees to work performed by contractors rather than make their employment redundant, held the High Court. This is an important decision for employers to understand because: It adds an additional step to the redundancy process for […]

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EMPLOYMENT UPDATE

Failed consultation renders redundancy termination unfair; Loss of Jobkeeper factored into compensation

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This month we look at a very topical case involving an employer who terminated an employee for redundancy reasons as a result of COVID-19 impacts to the business, and failed in its defence of the subsequent unfair dismissal claim. On 18 March 2020, the employer, a business advisory and accounting business, met with its employees […]

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