Unfair dismissal genuine redundancy

Two recent unfair dismissal decisions explore the issues of when a termination of employment is not a dismissal but a genuine redundancy.

Mr Francesco Di Masi v Coastal Fisheries Pty Limited ATFT Sea Empire Unit Trust

Lack of consultation with employee not preventative of finding of genuine redundancy

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 whilst on holidays.

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