Job postings were for lower assistant positions, argues employer
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a trainee driller who argued his redundancy was not genuine after discovering his former employer had advertised for drilling positions shortly after his termination.
The case arose when the worker was made redundant due to alleged operational requirements and business downturn, but later found job advertisements for driller assistants and evidence of continued hiring across the company.
The worker argued his dismissal was unfair because the company had other available positions he could have undertaken and had continued to engage people in roles suitable for his skills.
He maintained that he was not genuinely redundant and could have been redeployed to other positions within the organisation or its associated entities, particularly given his competency as a trainee driller.
The employer contested the worker's claim, arguing the dismissal was a genuine redundancy due to a significant business downturn that required reduced labour requirements and operational changes.
The employment relationship involved a trainee driller working for a company that provides core samples from hard rock using diamond-impregnated drilling equipment.
The general manager explained that work was precarious as it was contract-based and could be dependent on the results of early samples, making the...
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