TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed on three year contract as Community Education Officer – applicant submitted dismissal unfair rather than redundancy – applicant submitted that former job and work continued as new staff employed by respondent – applicant further submitted no consultation process concerning restructure and position created within restructure was to his disadvantage – respondent submitted that applicant’s employment genuine redundancy which resulted in abolishment of applicant’s position – further submitted that had met consultation requirements and there was no position in which applicant could be redeployed – Commission considered whether dismissal a case of genuine redundancy – found respondent no longer required applicant’s Level 6 position to be performed by anyone because of operational requirements of enterprise – found respondent gave notice to applicant in correspondence proposing and inviting comment – found respondent provided written information described in consultation clause of award – given size of enterprise, no redeployment options upon restructure – Commission found applicant’s dismissal genuine redundancy – application dismissed. Millar v Council on the Ageing WA Inc t/a COTA (WA) Inc
