TERMINATION OF EMPLOYMENT – genuine redundancy – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for permission to appeal against decision where Commission found appellant’s dismissal a case of genuine redundancy and dismissed application – respondent a not-for-profit organisation – appellant was only employee – at first instance Commission found clear that respondent’s debts exceeded financial assets at time of dismissal – satisfied decision to dismiss was because no longer required job to be performed by anyone because of changes in its operational requirements – consultation requirements in Social, Community, Home Care and Disability Services Award 2010 (Award) complied with – no other paid position available for redeployment as appellant the only employee – grounds of appeal included challenge to findings under s.389(1)(a) – permission to appeal required under s.400 FW Act – Full Bench noted consideration of s.389(1)(a) does not involve a merit review of employer’s decision to make job redundant – whether objectively fair or justifiable to decide to abolish position beside the point, as long as employer acted as it did because of changes in its operational requirements [Low] – Full Bench held decision to abolish position because it could not operationally be maintained due to a lack of financial resources was a decision to which s.389(1)(a) squarely applied – respondent had genuine basis for view financial position precarious and not prudent to continue appellant’s employment – no arguable case that Commission erred in finding s.389(1)(b) satisfied – discussions with appellant about financial situation and option of working on unpaid basis until funding secured discharged consultation requirements under Award – Full Bench did not consider there was an arguable case demonstrated that Commission erred in finding dismissal a case of genuine redundancy – no issue requiring consideration at appellate level – not satisfied in the public interest to grant permission to appeal – permission to appeal refused. Appeal by Adams against decision of Hamberger SDP of 2 August 2016 [[2016] FWC 4899] Re: Blamey Community Group
