An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.
An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.
An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.
A business operator forced to choose between retaining an employee or maintaining his relationship with his wife must pay six months lost remuneration after failing to convince the FWC that dismissing his national sales manager was a case of genuine redundancy.
An account manager who is suing Virgin Australia for alleged pregnancy discrimination and adverse action says it imposed an excessive workload when she returned from her first period of parental leave and made her redundant during her second.
The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.
The FWC has rejected a Tasmanian produce company's bid to avoid paying redundancy entitlements due to a "paucity" of evidence that it cannot pay and faces insolvency after a 100% coronavirus-related revenue hit.
A Full Federal Court has in rejecting a big employer's appeal of two rulings affirmed that a worker's reasonable expectation of ongoing employment helps determine their entitlement to redundancy payments.
In a significant judgment examining the interplay between employment relationships and employment contracts, the Federal Court has dismissed a major employer's appeal against a ruling it owed a cleaner redundancy pay after reducing her hours from full to part-time.