Commission agrees that the employer's financial position was ‘not sustainable’ and urgent action was needed
A head coach challenged his dismissal, arguing redundancy was not genuine because the position still exists with duties carried out by other staff and volunteers, no proper consultation occurred, and a redeployment offer at half salary was not reasonable.
The worker contended that the salary was a deliberate and financially supported decision based on the club's revenue and stable financial position at the time of hiring.
The employer maintained that the club's financial position was not sustainable and urgent action was needed to reduce expenses, the worker's salary was the highest expense identified, and the worker's position at the current salary was made redundant with the option to redeploy at a lower salary closer to the award minimum.
Employment and financial difficulties
The employer was a community swim club that had been operating since 1991, managed by a volunteer board of committee members. The worker commenced employment in April 2024 in the position of head coach with an annual salary of $110,000.
His salary and conditions of employment were negotiated with a committee comprised of members who were replaced in August 2024 with a new committee. The president and treasurer, who commenced in their volunteer roles on the committee in August 2024, gave evidence that there was a very slow handover from the previous committee, and they had a tough time getting...
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