Australia: Redundancy/Layoff

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
No Vacancy? No Excuse: High Court Clarifies Reasonable Redeployment Considerations (Helensburgh Coal Pty Ltd v Bartley & Ors [2025] HCA 29)
The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.
Australia Employment
CG
Coleman Greig Lawyers
Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.
Australia Employment
CG
Cooper Grace Ward
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