Read several key recommendations from Ashurst’s Talia Firth for what an employer should consider when making decisions related to redundancies and workplace restructures. Speaking at an upcoming workshop on this topic, Talia also points out two key case decisions that help explain her rationale.
In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”
The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”
The Full Court of the Federal Court has reinstated employees retrenched in breach of the redundancy terms of their enterprise agreement, even though the employer had adequately consulted with them. Senior Associate Tarsha Gavin and Lawyer Tom Kavanagh of Allens report.
“You need to be conscious of this [AMWU v Donau Pty Ltd  FWCFB 3075] decision when terminating the employment of any permanent employee who has had a period of continuous, regular and systematic casual service – especially in redundancy programs,” writes the Minter Ellison team. Read more about its impacts.
The Federal Court of Australia has affirmed that employers can be liable for misleading or deceptive representations made to prospective employees during negotiations over their terms and conditions of employment. Allens’ Tristan Garcia and Rebecca Kok report.