TERMINATION OF EMPLOYMENT – genuine redundancy – reinstatement – ss.389, 394 Fair Work Act 2009 – applicant dismissed from position as Individual Transport Manager – respondent argued dismissal was genuine redundancy – respondent had restructured and applicant’s position no longer available – applicant paid 25 weeks’ pay on termination – respondent held honest but incorrect view it had no obligation to consult – at time of dismissal there were positions to which applicant could have been redeployed but these options were not discussed – dismissal not genuine redundancy – considered factors in s.387 of FW Act – valid reason for dismissal as job no longer available – applicant notified of dismissal – applicant had unblemished employment record – size of business and availability of HR specialists did not impact procedures followed – dismissal unfair – reinstatement appropriate – current vacancy existed within respondent which applicant was happy to take – order to maintain continuity of service appropriate – restoration of lost pay not appropriate as applicant has not yet suffered any loss – order issued – applicant to be reinstated within 21 days – parties may make application to Commissioner if they require assistance effecting order. Payne v Lower North Shore Community Transport t/a Lower North Shore Community Transport.
