A backdated letter, no selection process, and a question about timing
A Fair Work ruling from 2 April 2026 raises pointed questions about managing redundancy when an employee is returning from maternity leave.
The case of Jessica Wadeson v Highmark Homes Pty Ltd [2026] FWC 1151 began when Wadeson, a Sales Leader at Highmark Homes, commenced maternity leave in September 2024 and gave birth to her son in November 2024. From 14 January 2025, she had a series of conversations with director Anthony Savona about returning to work. She was told her job was still there but that a decline in work made finding a suitable role for her difficult.
The picture grew more complicated from there. On 28 April 2025, Wadeson emailed Savona asking him to formally make her position redundant so she could access better Centrelink childcare subsidy rates. On 2 May 2025, she followed up asking for her position back at a similar role with the same pay scale, or a formal redundancy. On 3 May 2025, Savona allegedly replied saying he would write a redundancy letter purely for the sole purpose of sending to Centrelink so she could achieve cheaper childcare fees and find employment. On 5 May 2025, she received a termination letter dated 17 April 2025, stating the position of Sales Leader was no longer needed due to the economic downturn and decline in sales. Commissioner Perica found the effective date of termination to be 5 May 2025, the date Wadeson received the letter.
Wadeson told the Commission...
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