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Cases on acceptable alternative employment – Section 120 Fair Work Act

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[2010] FWA 3141 Vic Vicstaff P/L t/as Stratco v May & McFerran (alternative employment for truck drivers as production workers unacceptable given the different nature of the work and different hours – see Vicstaff commentary below)

[2010] FWA 9303 Qld Baywater Products P/L v Inall (R in financial difficulty but not to such an extent that it cannot make redundancy payment – R found A acceptable alternative employment – “The previous position and the new https://www.acheterviagrafr24.com/acheter-viagra-en-ligne/ position are covered by the same Award. Although there is a different mix of duties in the new position, there are no duties in the new position that were not performed by Mr Inall in the old position. Further, there are no duties that Mr Inall could not have been lawfully and reasonably required to perform under the Award which covered his employment in both the old and new position” @46)

[2011] FWA 295 Vic Affinity Risk Partners (Brokers) (worker had one year and eight days service – his job made redundant due to client of A deciding to do work in-houseclient immediately employed worker on six month contract – W did not lose any time from work and later found a suitable job – redundancy pay reduced from four to one week)

[2011] FWA 4823 NSW Nowra Family Support Services Inc. (“the offer of employment on less than a retrenched employee’s previous grading and salary would not prima facie be regarded as ‘acceptable’ employment for the purposes of s.120(1)(b)(i)” @16 – the R’s role in obtaining A acceptable alternative employment was “peripheral and certainly not sufficient to support any argument that it obtained alternative, acceptable employment within the meaning of s.120(1)(b)(i)” @20 – Allman applied)

[2011] FWA 6283 SA Timbercraft (“the concept of obtaining acceptable alternative employment does not necessitate that an employee actually accepts that employment” @26 – concepts of ‘obtaining’ and ‘acceptable alternative employment’ discussed – the redundancy entitlement of several employees reduced due to R having found them suitable alternative employment – some other employees’ entitlements not reduced – Commissioner “not satisfied that s.120(1)(b)(ii) should be applied ADM-201 so as to allow for preferential treatment of commercial debt obligations at the expense of employee entitlements for a business which is not insolvent … [and] not satisfied that any redundancy entitlements should be reduced on the basis of Timbercraft’s inability to pay” @86-87)

[2012] FWA 3901 Qld Oscar Oscar Group Services v Lees (found that acceptable alternative employment had not been offered where significant role and salary discrepancy – further A was asked to sign a more prohibitive restraint of trade agreement – the offered role was within A’s skill capacity, but it was not consistent with her career path)

[2012] FWA 4296 Vic UXC Connect v Moore (offer of alternative employment in similar role not acceptable when significant salary reduction)

[2012] FWA 7845 SA Hunt Energy & Mineral Company Australia (“[A] contacted Harness, confirmed that redundancies would be occurring, advised that this may include [R] and provided a reference for him. Further, in advising [R] of his redundancy, it also referred to the possibility of employment with https://www.viagrasansordonnancefr.com/viagra-prix/ Harness. These elements assisted with the alternative employment ultimately found by [R] … [R] made the direct approach to Harness, supplied his résumé and in effect, obtained the new employment” @17-19 – A not found to have been the strong, moving force behind finding new employment for R pursuant to s120(1)(b)(i))

[2014] FWC 4673 SA Company P. v D.S. (see from para. 32 outline of relevant principles for variation of employer’s obligation to pay redundancy entitlements)

[2014] FWC 6858 SA Hamra Furniture v Parmiter (acceptable alternative employment found and R also had an inability to pay redundancy payments – “new employment is the same 700-039 distance from his home as was Hamra. It involves similar work but an approximate $3.00 per hour wage increase” @7 – redundancy payment obligations set aside)