Less experienced colleagues retained while senior project manager made redundant

The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a project manager who challenged his redundancy.

The case arose when the engineering services company made the worker's East Coast position redundant following project completions and operational losses, leading to arguments about whether financial evidence adequately supported the business decision.

The worker argued his dismissal was not a genuine redundancy, challenging the employer's financial evidence and claiming insufficient justification for eliminating his position while maintaining similar roles on the West Coast.

He contended that operational performance was better than claimed and that redeployment to existing positions held by less experienced colleagues would have been reasonable.

Project-based operations create redundancy vulnerability

The employment relationship involved a project manager responsible for end-to-end project management, budgeting and forecasting for multimillion-dollar scopes, staff management, and client engagement across major projects, including Anglo American and Inpex operations.

The worker's role focused on project work requiring coordination between technical teams, business development support, and commercial oversight to ensure profitable project delivery.

The company's evidence showed that its two most recent East Coast projects had wound up by November 2024, with...

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