Genuine Redundancy vs Unfair Dismissal. It Pays to Know the Difference!
March 2019 | Scott Freidman The recent case of Ken McShane v Port of Newcastle [2019] FWC 177 has restated the general principles applied in determining whether an employee has been let go as a result of a genuine redundancy, or if they were, in fact, unfairly dismissed. This matter was brought to the Fair Work Commission by Mr McShane against the Port of Newcastle (PON) on the 10th of August 2018. Mr McShane alleged the decision of the