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ARTICLE · 15 JANUARY 2019

An employee commute thwarts an employer commuting redundancy pay

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The employer applied to the FWC to vary the amount payable to an employee, terminated on the basis of redundancy, to nil.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
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In the recent Fair Work Commission (FWC) decision in Australian Footwear T/A Diana Ferrari [2018] FWC 7864 the employer, a business trading under the name Diana Ferrari, applied to the FWC to vary the redundancy amount payable to an employee, Ms Tzortzis, whose employment was terminated on the basis of redundancy, to nil. 

This application was made pursuant to section 120 of the Fair Work Act 2009 (Cth.) (FW Act) which is in the following terms:

"Variation of redundancy pay for other employment or incapacity to pay:

  1. This section applies if:
    1. an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119; and 
    2. the employer:
      1. obtains other acceptable employment for the employee; or

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Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

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