Consultation compliance sees redundancy upheld

The Fair Work Commission ruled a redundancy as genuine despite a worker’s claims that she was not provided an adequate opportunity for redeployment.

After rejecting a redeployment offer, a home care worker lost her unfair dismissal at the Fair Work Commission, which found that her employer complied with all of its consultation obligations.

The worker commenced employment as a casual care worker at DANS In Home Care, an aged care service provider in Dubbo, NSW, in late 2024 and transitioned to a permanent part-time role as a care worker and team leader in March 2025.

In July, the aged care service provider had lost a significant client and decided to exit Complex Disability Health Services in Orange, NSW, in early September.

In September or October 2025, the worker underwent an operational review, during which she was informed that her role as team leader was no longer needed due to the operational and financial position of DANS In Home Care.

Shortly after the review, her employer informed her of the proposed organisational restructure and the potential redundancy of her role.

A few days later, the worker took part in a formal consultation meeting with her employer, during which she was offered redeployment into a permanent part-time aged care worker role in light of her proposed redundancy.

During this meeting, the worker was informed that the company’s significant loss of work led to a reduction in a large portion of her duties.

Later, on Friday, 17 October, the worker took part in an outcome meeting when she was informed that she would be made redundant and was issued a formal letter confirming this. During the meeting, she rejected the proposed redeployment offer into the aged care worker role.

The worker made an unfair dismissal application with the Fair Work Commission on 28 October 2025, asserting that she was not provided a fair opportunity for redeployment, did not align with her availability, and was excluded from reasonable alternative employment.

Despite commissioner Bernie Riordan finding that DANS In Home Care failed to provide further information about redeployment as requested, it was satisfied that it provided the worker ample opportunity for redeployment and complied with its consultation obligations.

Thus, commissioner Riordan ruled that the worker’s redundancy was genuine, tossing her unfair dismissal application.