A s.394 (unfair dismissal) application from Samantha Bartolo against Little Wings Limited has been rejected by Fair Work Deputy President Sams in Sydney on 19 October 2020. “Termination of employment – application for an unfair dismissal remedy – Marketing and Communications Manager for a charity – impact of COVID-19 pandemic on the charity – all sources of funds lost – dramatic steps taken to minimise adverse effects – redundancy of the applicant – whether applicant’s dismissal a case of genuine redundancy – jurisdictional objection – options proposed by applicant not relevant to s.389 of the Act – applicant’s position no longer required to be performed by anyone – consultation as to the applicant’s options – redeployment not reasonable in all the circumstances – jurisdictional objection upheld – applicant’s dismissal a case of genuine redundancy – no unfair dismissal – Commission has no jurisdiction – application dismissed.”
