Ms Chamani Siriwardhana v FDGH Pty Ltd T/A Caltex Fitzroy North

In this case, Ms Chamani Siriwardhana, an employee, brought an action against FDGH Pty Ltd trading as Caltex Fitzroy North, her former employer. The dispute centred on the termination of Ms Siriwardhana's employment, with her asserting that her dismissal was unjust and not based on genuine redundancy. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The court had to determine whether the employer had genuinely considered the employee for an alternative position, and whether the termination was justified as a redundancy. The central issue was whether the employer's decision to terminate Ms Siriwardhana's employment was lawful, particularly in the context of the employer's obligations under the Fair Work Act 2009. The employer argued that the termination was a genuine redundancy, as the business had restructured and the role was no longer required.

The Commission found that the employer had not genuinely considered the employee for an alternative position, and therefore, the termination was not justified as a redundancy. The employer failed to demonstrate that the role was genuinely redundant, and there was evidence that alternative roles could have been created or adjusted to accommodate Ms Siriwardhana. The decision was influenced by the employer's failure to adequately consult and provide reasons for the termination, which was a breach of the employee’s rights under the Fair Work Act.

As a result, the Fair Work Commission ruled in favour of Ms Siriwardhana, finding that her dismissal was unfair and not based on genuine redundancy. The Commission ordered the employer to compensate Ms Siriwardhana for the loss of wages and to provide a written apology. This decision underscores the importance of employers following proper procedures and considering all options to avoid redundancy when restructuring their business.