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13 August 2025

Did the High Court just force me to replace my contractors with employees in a redundancy situation?

No. But it is still a matter that employers will need to show they considered and were unable to reasonably implement. ...

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23 May 2025

Can a lack of skills be used when selecting an employee for redundancy?

Yes. Provided the skills are objectively necessary for the operational requirements of the business....

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07 May 2025

No Immunity from Redundancy During Leave or Flexible Work Arrangements

The FWC recently (Samuel Shilson-Josling v Atomic Search Pty Ltd [2024] FWC 3255 (25 October 2024) held that employees a...

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26 July 2024

Act quickly and transparently during a restructure - don’t delay consultation

FWC recently (decision click here) ordered compensation for a failure in consultation after the employer told the employ...

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29 April 2024

Higher bar for genuine redundancies set

The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an ob...

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12 December 2023

You can terminate employment for not meeting reasonable KPIs

FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal ...

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13 May 2022

Redundancies - Making them genuine, lawful and respectful

No employer looks forward to a redundancy process – but it is crucial to take the time to step through the process prope...

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10 February 2022

No shortcuts when terminating

In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936),...

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