ARTICLE · 14 DECEMBER 2013

Relocating to redeploy overseas in unfair dismissal claim

Clayton Utz

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A FWC decision sheds light on multinational companies' obligation to consider overseas employment options for redundancy.

AustraliaEmployment and HR

Michael Byrnes (Formerly With Clayton Utz)

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Key Points:

You only have to consider international options for redeployment in certain circumstances.

A recent decision of the Fair Work Commission sheds further light on multinational companies' obligation to consider overseas employment options for employees affected by redundancy.

In Roy v SNC-Lavalin Australia Pty Ltd [2013] FWC 7309 Senior Deputy President Richards found that SNC-Lavelin Australia Pty Ltd (SNC), which is part of a multinational employer group, had complied with its obligation to consider reasonable redeployment options. This was despite the fact that the company declined to employ an employee in a position available overseas when making employees in its Brisbane office redundant.

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