Worker said that following her termination, several new roles had been advertised, which included duties similar to those she performed
A people and culture officer challenged her dismissal, arguing the redundancy was not genuine because she was not consulted before termination, and several new roles were advertised after she left that included similar duties.
The employer maintained the worker's dual role no longer existed due to business closures and market downturn, with the managing director assuming some HR duties and other advertised positions being different roles requiring different qualifications.
Dual role and termination letter
The worker commenced with the employer on 21 November 2023, and her employment ceased on 9 June 2025 by reason of redundancy.
The employer owned and operated, as a small business, various legal entities that provide recruitment and payroll services, professional and managed services, and National Disability Insurance Scheme (NDIS) services.
The managing director's evidence included that he had closed a number of businesses recently, in addition to all the employer's 'in person' offices other than its office in Canberra. At the time of the hearing, the employer said it employed around eight employees, in addition to contractors it engaged as required.
The worker was employed in a 'dual role' three days per week, with one day as a people and culture officer, and two days as a senior consultant.
On 9 June 2025, the employer sent the worker a...
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