Severance and redundancy page 1 of 6

53 articles are classified in All Articles > Compliance > Severance and redundancy


Employer pays for "sham" job proposal

A small employer must pay almost $15,000 to a former part-time worker it sacked for rejecting an "inflexible" full-time job proposal the FWC concluded had been designed to "get rid" of her.

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Holden sued over alleged sham contracting

A former GM Holden engineer is suing the company for adverse action, sham contracting and coercion, alleging it reduced her redundancy payout by more than $20,000 when she refused to sign a separation agreement without continuity of service covering her time as a contractor.

One Key owes almost $40 million to workers: Administrator

Class action law firm Adero says it believes labour supplier One Key Workforce wound up owing more than 2000 mineworkers on casual contracts far more than the $38 million sum estimated by administrators, as it prepares to file a claim holding its parent company liable as their "true employer".

Job service fails in bid to cut worker's redundancy

An employment service has failed to avoid a redundancy payout to a manager who refused its alternative job offer, the FWC finding that although pay and conditions were the same, it would have been a "backward step".

HR manager's 'ice' accusation not behind dismissal: FWC

An HR manager made redundant less than three months after accusing his managing director of using company funds to pay for a methamphetamine addiction was not unfairly dismissed, the FWC has found.


Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.

Bid to cut severance pay not "industrial fair play"

The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.

Tribunal ejects case arising from "extraordinary and bizarre scenario"

The FWC has tossed out for want of jurisdiction an "unprecedented" pay dispute lodged by sacked FAAA national division secretary Andrew Staniforth against Qantas to correct overpayments, with a senior deputy president stating he has never encountered a "stranger industrial proposition".