Concentrix Services Pty Ltd T/A Concentrix Services v Sheridan Campbell

[2023] FWC 1241

[2023] FWC 1241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.120—Redundancy pay

Concentrix Services Pty Ltd T/A Concentrix Services
v

Sheridan Campbell

(C2023/1135)

DEPUTY PRESIDENT LAKE BRISBANE, 30 MAY 2023

Variation of redundancy pay – alternative work offered – other employment found to be reduction of role – redundancy varied.

1. Concentrix Pty Ltd (the Applicant) has applied pursuant to s.120(2) of the Fair Work Act 2009 (the Act) to have the Fair Work Commission (the Commission) reduce the redundancy entitlement of Ms Sheridan Campbell to nil.

1. The Applicant provided Ms Campbell three options on 30 January 2023:

1. Option 1 - Team Leader – a Permanent full-time role located in Brisbane which required Ms Campbell to be in the office.

2. Option 2 - Advisor 1 – Permanent full-time role located at Robina with a reduced rate of pay and status/responsibility.

3. Option 3 - Advisor 1 – Casual ongoing role that was on a work from home basis which was her redundant role. The rate of pay was higher but no longer had entitlements of leave.

1. The Applicant lives in Varsity Lakes near the Gold Coast which is 2 hours and 15 minutes away from Brisbane. The other option was in Robina which is about 30 minutes from Varsity Lakes. Ms Campbell selected Option 3 – to be a casual advisor with Concentrix on 15 February 2023.

1. Section 120 confers on the Commission a discretion to reduce the amount of redundancy pay to which an employee would otherwise have been entitled under s.119 of the Act.

1. Section 120(1) states that the section applies if an employee is entitled to be paid an amount of redundancy pay under s.119, and the employer ‘obtains other acceptable employment’ for the employee. These are the jurisdictional facts that must be established before the Commission may exercise its discretion. Section 120(2) then states that the Commission ‘may determine that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the FWC considers appropriate’. If the Commission makes an order under s.120(2), the amount of redundancy pay to which the employee is entitled is the reduced amount specified in the determination (see s.120(3)).

1. There was other acceptable employment for the employee under s120(1) of the Act. However, her current role had faced a significant reduction of hours. Option 1 would have the Applicant travel 2 hours by public transport or would require driving from Varsity Lakes to Brisbane to which parking is not provided.

1. The Applicant had been employed for 2 years and 7 months at the time of Application. The Applicant would be entitled to 6 weeks’ pay. Noting the significant change in hours of work, losing her future entitlements from a Full-Time employee to casual, and her role being moved to Brisbane to which the role is not suitable, I take into account an amount of redundancy that is appropriate to the Respondent.

Conclusion

1. Taking into account all of the circumstances and taking into account the objections raised by Mrs Campbell’s new role with Concentrix, I consider that I will exercise my discretion to reduce the Respondents’ redundancy pay to 3 weeks. I Order accordingly.

DEPUTY PRESIDENT

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