четверг, 21 августа 2014 г.

Австралия. Сокращение должности (пример судебной практики).

Workplace Bulletin

Dear Reader,
The line between making an employee’s position redundant and dismissing them unfairly can be a fine one.
A recent (and still ongoing!) case provides a good example…
In August last year, the Federal Court ordered the Commonwealth Bank of Australia to pay damages in excess of $300,000 to a former senior executive who had been retrenched.
The Court found the CBA to be in breach of its own policy for failing to fully explore redeployment options for the employee. The decision was held that the bank breached the ‘implied term of mutual trust and confidence’.
The CBA is now appealing the decision, but regardless of the eventual outcome, this case sends a very clear message to employers:
If you are planning to make a position redundant, you need to make sure your process is fair.
Under modern awards, you have an obligation to consult any employees affected by redundancy and to discuss the possibility of redeployment.
If a suitable position exists within your company and you fail to offer it to a retrenched employee, you could face a claim of unfair dismissal.
And as the case above illustrates, this can be an expensive process...
All of your obligations when dealing with a redundancy are explained thoroughly and clearly in the Portner Press publication, Managing Redundancies.
This 60-page eBook – written by Employment Law Practical Handbook Editor-in-Chief, Charles Power – outlines exactly what you need to check to determine whether redeployment is reasonable. It provides a redeployment letter template and explains your consultation requirements in detail.
Managing Redundancies also contains the following template documents (all of which are yours to download, edit and use in your workplace straight away):
  • Retrenchment Letter
  • Statement of Service
  • Without Prejudice Letter
  • Deed of Release
  • Notice to Centrelink of Proposed Terminations
  • Letter setting up Consultation Meeting
  • Consultation Meeting Checklist
  • Redundancy Checklist
Managing Redundancies is priced at just $99.95 and is a must if you ever need to implement a fair, effective and risk-free redundancy.
Kind regards,
Pippa McKee
Portner Press Pty Ltd

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