Football Queensland Ltd v Mr Paul Lonton

Football Queensland Ltd sought to reduce the amount of redundancy pay it was required to pay to Mr Lonton, based on his subsequent employment. The dispute was heard in the Federal Circuit Court of Australia. The primary issue before the court was whether the employer had obtained acceptable alternative employment, which would reduce the amount of redundancy pay owed to Mr Lonton. The court needed to determine if the employer had made an offer of employment to Mr Lonton that was capable of acceptance or rejection.

The court found that the employer had not made an offer of employment to Mr Lonton that met the threshold for being capable of acceptance or rejection. The employer's conduct did not meet the requirements of a proper offer, and therefore, the employer had not obtained acceptable alternative employment. The court relied on established case law and principles in making its decision, which required a clear and unequivocal offer of employment that was capable of acceptance or rejection by the employee. The court also noted that the employer had not provided any evidence to support its claim that it had made such an offer.

As a result of the court's findings, the application to reduce the amount of redundancy pay was refused. The employer was required to pay the full amount of redundancy pay owed to Mr Lonton. The court emphasised the importance of following established principles and case law when making decisions regarding the reduction of redundancy pay based on alternative employment. The court's decision provides guidance for employers seeking to reduce redundancy pay in similar circumstances.