A marine services company has failed to convince the FWC that it would be unfair to hold it accountable for the errors of an HR consultant by making it pay redundancy entitlements to a manager it offered to redeploy after a business transfer.
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.
The FWC has stopped Deakin University from moving ahead with hundreds of redundancies until the resolution of a dispute over whether it must consult at an institution-wide level with the NTEU before reaching a final decision.
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.
A pandemic-affected employer has succeeded in having redundancy payments to four workers slashed by almost 70%, the FWC finding its perilous cash position and obligation to remaining employees outweighed the impact on the quartet.
A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.
In what stands as a tribute to the qualities the FWC looks for in employers' legal representatives, an experienced tribunal member has praised a senior associate for "a masterclass in the art of advocacy" that avoided bamboozling or belittling an unrepresented bus driver.
The FWC, in contrasting redundancy decisions delivered on the same day, has agreed to slash the payment a small, pandemic-affected business must make to a worker, but has rejected another employer's bid to do the same for three of its former employees.
