Downsizing a workforce is sometimes necessary, and when it is,
it can be a difficult process. Modern Awards require the employer
to give employees as much notice as possible, and consult with them
about what can be done to avoid or minimise job losses. Rushing the
process, or engaging in tokenistic gestures, is not only likely to
upset employees, but also give rise to unfair dismissal claims that
would not otherwise exist – as a recent decision of the Fair
Work Commission (FWC)amply demonstrates.
In Williams and Others v Staple Australia Pty Ltd [2017] FWC 607
(Williams), Commissioner Cambridge found that:
"Regrettably, in this instance the evidence has
disclosed an approach to consultation in respect to the
redundancies of warehouse jobs that was unduly hasty and largely
tokenistic. Staples management did not engage in genuine or
meaningful consultation with its employees and their
representatives, but instead it made disingenuous gestures which it
sought to
