Company told supervisor it was bankrupt during the holiday, but consultation never occurred
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a construction supervisor who argued he was dismissed without proper consultation when his employer announced plans to enter liquidation.
The worker had been employed for eight years and seven months when he was informed over the phone in May 2025 that the company had gone bankrupt and would be entering liquidation.
The employer contended the worker's position was genuinely redundant due to financial difficulties and the loss of expected new contracts.
The worker argued that the dismissal was unfair, primarily due to the manner in which he was informed and the lack of consultation prior to his redundancy. The employer raised a jurisdictional objection that the worker was genuinely made redundant.
The employer explained that it had been expecting to commence a new contract working on a childcare centre, but in the week when the worker was dismissed, the employer found out the new contract had fallen through.
The worker worked for the employer as a supervisor for eight years and seven months. The employer's enterprise was a construction business, dependent on gaining new contracts.
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