TERMINATION OF EMPLOYMENT – genuine redundancy – ss.389, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis that it was a small business and applicant had not completed the requisite minimum employment period – respondent asserted the Small Business Fair Dismissal Code applied – respondent also objected on basis that dismissal was a genuine redundancy – Commission determined in prior decision that respondent could not properly be described as a small business and applicant had completed the minimum employment period [[2016] FWC 1522] – held that employment terminated because respondent concluded the position was financially unsustainable – not satisfied applicant was replaced with another person undertaking the same duties – satisfied that the financial difficulties confronting the respondent were explained to applicant in staff meetings – concluded that as respondent is a relatively small business there was limited capacity for redeployment, however evidence confirmed redeployment was investigated – Selvachandran applied – Commission concluded that the reasons for termination were not related to capacity or conduct – held that decision to make applicant redundant was a sound, defensible and well-founded reason – found respondent’s failure to give applicant advance notice of the extent to which her position was in jeopardy was of significance – found dismissal harsh, unjust or unreasonable notwithstanding that it occurred for a sound and defensible reason – reinstatement not an appropriate remedy – applicant awarded compensation of one week’s pay plus superannuation. Horlor v The Symon Trust t/a Kensington Park Medical Practice
