Application by Mater Misericordiae Ltd Trading AS Mater
Citation: [2025] FWC 1396
At a glance
- Employees affected
- 1
What happened
Mater Misericordiae Ltd, trading as Mater, applied to vary redundancy pay for a former employee. The Applicant was offered acceptable employment after their redundancy. They rejected this offer. Mater sought to reduce the Applicant’s redundancy pay to zero.
What was decided
The Fair Work Commission agreed to vary the redundancy pay. The Commissioner found the Applicant rejected an acceptable offer of employment. The Commissioner reduced the redundancy pay to zero. The decision states, 'I accept the submission that the offer of re-employment was acceptable.'
What it means for employers
Employers can seek to vary redundancy pay if a redundant employee rejects a suitable offer of employment. This demonstrates the importance of offering and documenting suitable alternative employment opportunities.
What it means for employees
Employees who receive a redundancy payment should be aware that rejecting a suitable job offer may result in a reduction of their redundancy pay.
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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 →