Co-founder argues proper consultation not undertaken before termination
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a company co-founder who argued his redundancy was not genuine after being dismissed from the research and development business he established.
The case arose when the worker was made redundant due to financial pressures, but he contested that proper consultation procedures were not followed and that his role remained essential to ongoing operations.
The worker argued his dismissal was unfair, maintaining that despite the company's financial difficulties, he was excluded from business discussions and not properly consulted about the redundancy as required under award provisions.
He contended that his research and development work was ongoing and that no alternative roles were explored despite his 15 years of experience and comprehensive skill set.
The employer contested the worker's claim, arguing the redundancy was genuine and necessary due to significant financial distress threatening business viability.
The employment relationship involved a worker who was the co-founder of a solar energy technology company he started with his brother in 2009, also serving as a director from the establishment until October 2024.
In 2021, the worker secured financial investment from an investment group to expand the business, but this investment was subject to various conditions that...
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