[2025] FWC 1527
Citation: [2025] FWC 1527
What happened
Teck Foo Lim was employed by Circles Australia Pty Limited as a Victoria State Manager from March 2021, earning a base salary of $126,600.01. In January 2025, Circles Australia sold its Australian business to Amaysim, leading to a decision to make employees redundant, effective February 28, 2025. Mr. Lim received a proposed redundancy deed, which he did not sign. He raised concerns about the process, including lack of formal notice and support. Circles Australia offered to vest some employee stock options in a revised deed, which Mr. Lim also did not sign. Mr. Lim commenced paid personal leave on February 18, 2025, and his employment ended on February 28, 2025.
What was decided
The Fair Work Commission found that Mr. Lim’s dismissal was a case of genuine redundancy. The Commission dismissed his unfair dismissal application because the jurisdictional objection raised by Circles Australia succeeded. The Commission determined that Circles Australia no longer required Mr. Lim’s position due to the sale of its Australian business to Amaysim. The Commission did not consider the merits of the unfair dismissal claim or any remedy because the jurisdictional objection was upheld. No modern award or enterprise agreement applied to the employment.
What it means for employers
Employers selling a business or undergoing significant operational changes must carefully assess redundancy situations to ensure compliance with the Fair Work Act. Proper consultation and adherence to any applicable modern awards or enterprise agreements are crucial. Offering reasonable redundancy packages, even if not legally required, can mitigate disputes.
What it means for employees
Employees facing potential redundancy should understand their rights and entitlements under the Fair Work Act. If a dismissal is genuinely due to redundancy, an unfair dismissal claim may be unsuccessful. Employees should seek legal advice if they believe a redundancy process was unfair or unlawful.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1527.pdfWant more cases like this?
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This summary was drafted by AI 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 →