A redundancy can be deemed to be an "unfair dismissal"
if it would have been reasonable to redeploy the employee into a
vacant position within the organisation.
One of the factors for determining whether it would have been
"reasonable" to redeploy is whether the employee has the
skills and experience necessary for the available position. The
employee may lack the necessary skills or experience or,
conversely, may have a level of skill and experience that is too
high for the position in question. The latter scenario gives rise
to the interesting question of whether it is 'reasonable'
to redeploy an employee into a position for which they are
'overqualified'.
Employers have generally been required to take a conservative
approach to these issues following the Full Bench decision in
Jenny Craig Weight Loss Centres v Margolina [2011] FWAFB
9137. In that case, the dismissal of a Regional Manager was found
not to be a genuine redundancy because the employer had failed
