Is it unfair dismissal? CFO told the worker in January that the employer was unable to accommodate the leave request because he was required to perform critical work
A senior financial analyst challenged his termination from an aged care services provider, arguing that his role was so critical that he'd been denied leave in January, yet was suddenly made redundant three months later.
The worker contended the employer's claims about absorbing his position into a more senior role were a sham designed to conceal the real reason for his removal, and that he'd been denied genuine consultation because he was unwell during the redundancy process.
The employer maintained that the termination was a legitimate case of genuine redundancy driven by a $5.4 million cost-out program that eliminated 54 roles, and that the worker had failed to engage in consultation despite multiple opportunities.
The worker commenced full-time employment with the aged care services provider on 18 March 2024. At the time his employment ended, he was working as a senior financial planning and analysis analyst.
During his employment, the worker's direct manager was the employer's Chief Financial Officer (CFO). Towards the end of 2024, the employer experienced a downturn in its financial performance that had the potential to put its solvency and banking covenants at risk.
In response, the employer developed a restructuring cost-out program that included the...
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