Mr Francesco Di Masi v Coastal Fisheries Pty Ltd ATFT Sea
Empire Unit Trust (U2010/5316) – Commissioner
Williams, Perth
20 August 2010
Lack of consultation with employee not preventative of finding
of genuine redundancy
On 15 April 2008, the applicant was employed as a fish filleter
by the respondent, a small business with less than 15 staff. He was
terminated on the basis of redundancy, while on holidays in January
2010.
The Seafood Processing Award 2010 required the company
to consult with the worker on his redundancy, which had not
occurred.
Commissioner Williams accepted the respondent's evidence
that it no longer required the job to be fulfilled because of a
genuine change in the company's operational requirements,
including the loss of a client and the profitability of the
filleting work. Although the required consultation did not occur,
it was accepted that in this instance, it would not have changed
the outcome, such that the applicant's claim
