TERMINATION OF EMPLOYMENT – genuine redundancy – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – apparent reason for dismissal was impending closure of business – business remained open – respondent contended pending loss of clients meant it was unable to generate enough funds to sustain applicant’s full-time wage – it later stated applicant was dismissed due to negligence in performance of duties – Commission found applicant’s dismissal was not due to work performance but due to respondent’s financial difficulties which led to reduction in headcount – no evidence that respondent complied with consultation requirements of Clerks – Private Sector Award 2010 – no written information given to applicant about major workplace change, contrary to Award’s consultation clause – Commission found dismissal not a genuine redundancy – valid reason for dismissal existed, since applicant had been dismissed as a result of her job no longer being required because of changes in operational requirements of business – notification of reason was verbal, with applicant being told business would be closing in two weeks’ time – no credible evidence suggesting applicant was dismissed due to unsatisfactory performance – Commission considered it relevant that had applicant’s employment been terminated by way of redundancy, she would have been entitled to notice and redundancy pay for her two years and 11 months of full-time service and only one weeks’ notice was paid – also relevant was the finding that the respondent had failed to consult about change in the manner required by the Award – Commission found dismissal was harsh, unjust or unreasonable – compensation in lieu of reinstatement appropriate – Commission awarded $5,482.26 in compensation. Morris v Community Caring P/L t/a Carers That Care
