Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd
Citation: [2024] FWC 2514
At a glance
- Employees affected
- 1
What happened
Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned a worker who left the company and then found new employment. The company sought to reduce the redundancy pay they were obligated to provide. Deputy President Dobson heard the application.
What was decided
The Fair Work Commission dismissed Concentrix Services Pty Ltd’s application to vary redundancy pay. The Commission found that the company did not provide sufficient evidence to justify a reduction in the redundancy payment. The decision referenced previous cases concerning similar applications. The Commission stated, 'I am not persuaded that the Applicant has established that it would be unjust to pay the redundancy pay as determined.'
What it means for employers
Employers seeking to vary redundancy pay must provide robust evidence to support their application. Simply demonstrating a worker has found new employment is not enough. The Fair Work Commission will carefully scrutinise the reasons for any proposed reduction in redundancy payments.
What it means for employees
Employees are entitled to receive redundancy pay as determined, unless an employer can demonstrate a valid reason for variation, supported by evidence. This decision reinforces the importance of employers adhering to redundancy obligations.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections