Posts Tagged ‘Genuine Redundancy’
What are Employer obligations when selling or transferring a business? 3 Main Options for Business in Australia
NB Lawyers – lawyers for employers are assisting a number of clients with business sale transactions. One of the main considerations by many Employers in Australia who are looking to sell their business is the question around employee entitlements and legal obligations. There are 2 main situations in a sale. The first is the sale…
Read MoreRedundancy: 3 pitfalls for HR to avoid a (almost) $300K claim – the story of Pizza, Beer and Toyota
The District Court of NSW has made a decision on a case involving a termination of employment mere days before a significant redundancy payment was owed to a long standing employee (20 years). Ultimately the Court found in favour of the employee awarding almost $300,000.00 in damages. The case of Sherry v Toyota Motor Corporation…
Read MoreZombie Companies – “cut the fat not the muscle” 6 Post JobKeeper tips for Employers
As we head towards the end of JobKeeper and the proverbial cliff for some companies – the term “Zombie Companies” spring to mind. What are “Zombie Companies” – those who are heavily reliant on the JobKeeper payments to pay for operational costs of the business but once the subsidies run dry will have difficulty running…
Read MoreRedundancy in a business sale – what Employers need to know
Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position. A recent case before the Fair Work Commission of Gravenall [2020] FWC 4499 (26 August 2020) (Gravenell Case) demonstrates…
Read MoreHow we can help? Ensuring Redundancies are ‘Genuine Redundancies’
Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…
Read More3 Practical Legal Tips for HR Practitioners in Manufacturing to overcome legal obstacles
COVID-19, the pandemic has caused massive disruption to industry. Manufacturing has been no exception and although there have been a number of companies who have benefited from clients “going local” and others who have pivoted into other areas – hand sanitizers been an obvious one. Many HR professionals in Manufacturing companies are coming to grips…
Read MoreReducing Redundancy Entitlements? – 3 factors to consider
As we step through the long standing effects of COVID-19, JobKeeper starts to dissipate in time and Employers look to restructure their business in response to less demand or increased efficiencies redundancies will be a very usual occurrence. How can Employers reduce their redundancy entitlement payments? Here are 3 factors to consider……… Factor 1 –…
Read MoreDesperate Times Do Not Call for Desperate Measures (a COVID-19 Decision by the Fair Work Commission)
The Fair Work Commission’s early COVID-19 decision is a stark reminder for employers to meet their consultation obligations. Keywords: COVID-19, Coronavirus, Consultation, Fair Work Commission, Redundancy, Employee Termination, Termination of Employment, Consultation. COVID-19 has wreaked havoc on industry around the globe. Undoubtedly, businesses will still be feeling the effects for years to come – but…
Read More