A recent decision of the Fair Work Commission McShane v Port of Newcastle [2019] FWC 177 has restated the principles around redundancy.

Mr McShane argued the Port of Newcastle’s decision to make his position redundant was not genuine and that as a result he had been unfairly dismissed.

Deputy President Saunders stated the test for redundancy was whether the job Mr McShane previously performed had survived the restructure, not whether the duties had survived in some form.

After analysing the facts relating to the Port of Newcastle’s decision, Deputy President Saunders found that no duties Mr McShane previously performed survived at all and that his role had been superseded by a new role for which he was not qualified.

It followed therefore that the decision to make Mr McShane redundant stood and that there had been no dismissal, which he could contest.

For further advice on whether a redundancy is genuine, contact our experienced Workplace Relations team on (03) 9614 7111.

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