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ARTICLE · 17 JUNE 2023

Recent unfair dismissal case shines light on requirements for 'genuine redundancy'

Cooper Grace Ward
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This decision was a timely reminder of requirements to be followed when terminating an employee by way of redundancy.

AustraliaEmployment and HR
Julia Braddick
Julia Braddick
Annie Smeaton
Annie Smeaton
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A recent decision of the Fair Work Commission serves as a timely reminder of the requirements that must be followed when terminating an employee by way of redundancy.

Background

A recent decision of the Fair Work Commission serves as a timely reminder to employers of the requirements under the Fair Work Act 2009 (Cth) that must be followed when making an employee redundant.

The applicant was engaged by telecommunications company, Isoton Pty Ltd, as a permanent full time software engineer. The requirements of her role included providing development, enhancement, troubleshooting and maintenance of software.

In mid-2022, Isoton decided to implement an increased technical support presence in India to improve its competitiveness in Australia. Isoton expected to engage 12 employees in India. However, in late 2022, as a result of a number of significant financial challenges, Isoton was required to reduce its costs base, which included removing a number of

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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