Application by Bartercard Digital Pty. Ltd.
At a glance
- 1
What happened
Bartercard Digital Pty. Ltd. applied to the Fair Work Commission to vary redundancy pay. The application related to an employee’s subsequent employment. The Commission was asked to determine whether the redundancy pay should be varied. The Applicant had found new employment shortly after receiving redundancy pay.
What was decided
The Fair Work Commission dismissed Bartercard Digital Pty. Ltd.’s application to vary the redundancy pay. the Commissioner found that the company had not provided sufficient evidence to justify the variation. The Commission noted that the Applicant had found new employment relatively quickly. The decision references previous cases regarding similar applications.
What it means for employers
Employers seeking to vary redundancy pay need to provide robust evidence to support their application. Simply finding that an employee has secured new employment is not, on its own, sufficient grounds for variation. Thorough documentation and justification are crucial.
What it means for employees
Employees who receive redundancy pay should be aware that employers can apply to the Fair Work Commission to vary that pay. However, this is not automatic and requires the employer to demonstrate a valid reason.
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