Australia: Altering an employee’s position to their detriment
The question of whether a redundancy is genuine was again put before the court in the recent decision of Penglase v Allied Express Transport Pty Ltd. This case is a reminder that employers cannot alter an employee’s position to the employee’s detriment in response to an employee’s illness or injury. The case also shows that in redundancy circumstances, employers need to have evidence that the business is undergoing a genuine restructure and that this […]