the Applicant v Commonwealth of Australia as represented by the Department of Finance
Citation: [2026] FWC 1626
What happened
the Applicant commenced employment with the Department of Finance in 2021. She was employed as a data scientist. In 2026, the Department commenced a process to restructure the team. the Applicant was informed her position was to be eliminated and she was offered a redeployment opportunity. She declined the redeployment and subsequently lodged an unfair dismissal claim.
What was decided
The Fair Work Commission found the Applicant’s dismissal was not unfair. Deputy President Beaumont considered the context of the restructure and the Department’s genuine attempts to redeploy the Applicant. The Commission noted the Applicant’s refusal of the redeployment opportunity. The Commission stated, 'I am satisfied that the respondent undertook a genuine restructure and that the applicant’s position was genuinely made redundant.'
What it means for employers
Employers undertaking restructuring processes should demonstrate genuine attempts to redeploy affected employees. Offering suitable alternative roles, even if declined, can strengthen a defence against an unfair dismissal claim. Thorough documentation of the restructure process is also crucial.
What it means for employees
Employees facing potential redundancy should carefully consider any redeployment opportunities offered by their employer. Declining these opportunities may impact the outcome of any subsequent unfair dismissal claim.
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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