the Applicant v Community Housing (Vic) Ltd
At a glance
- 2
What happened
the Applicant was made redundant from her role as Senior Property Manager at Community Housing (Vic) Pty Ltd on July 25, 2025, as part of a restructure related to the ‘Ground Lease Model’ program. This program involves a partnership with the Victorian State Government to manage housing. The company was struggling to meet tenancy rate targets and planned to scale up operations in 2026. A review by the General Manager Caitlin Gibbs led to changes including removing the Applicant's management layer and creating a temporary Senior Leasing Consultant role. the Applicant received information about vacancies but felt none were suitable and left the country shortly after.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal claim. The Deputy President found that her dismissal was a genuine redundancy. They rejected her argument that she should have been offered the temporary Senior Leasing Consultant role, stating she lacked the strategic skillset required for the position. The Commission accepted evidence from Community Housing (Vic) Pty Ltd that the company genuinely believed the Applicant wasn’t suited to the consultancy role and that this decision was not a deliberate attempt to exclude her.
What it means for employers
Employers undertaking restructures, particularly those involving redundancies, should ensure thorough consultation with affected employees. It's crucial to offer suitable alternative roles where possible, but decisions about who is best suited for specific positions are generally respected by the Fair Work Commission if based on objective criteria and sincerely held beliefs.
What it means for employees
Employees facing redundancy have rights regarding consultation and consideration for alternative roles. However, an employer's assessment of skills and suitability for a role will be given significant weight by the Fair Work Commission, even if the employee believes they were overlooked.
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