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Employer ordered to pay redundancy pay, despite offer of alternative employment

In limited circumstances, an employer may be able to avoid its obligation under the Fair Work Act 2009 (Cth) to provide redundancy pay to an employee, including if it offers the employee reasonable alternative employment.  However, as highlighted by a recent case, what is ‘reasonable’ depends on all of the circumstances.

In a recent case before the Fair Work Commission (FWC), an employer was unsuccessful in its efforts to avoid triggering its statutory obligation to pay redundancy pay to employees covered by an enterprise agreement. More…