Sensis Pty Ltd v Gundi

The case of Sensis Pty Ltd v Gundi involved a dispute between the employer, Sensis Pty Ltd, and the employee, Mr. Gundi. The central issue was whether Mr. Gundi's position was rendered redundant and if he was subsequently redeployed to a "reasonable alternative position" or offered a "suitable position" as defined by the Sensis Enterprise Agreement 2014. Additionally, the court had to determine if Mr. Gundi was entitled to a remedy for breach of contract and whether the primary judge made an error by reversing the burden of proof when assessing the aforementioned questions.

The court examined whether the primary judge erred in concluding that Sensis Pty Ltd had breached the terms of the October 2011 contract of employment. The appellant argued that Mr. Gundi did not advance any such case before the primary judge and that the claim was not supported by evidence or legal principle. The court found that the appellant's submission was valid and that the respondent's counsel did not dispute the claim.

The court concluded that the appeal would be allowed, and the orders made by the primary judge on 27 June 2017 would be set aside. Instead, the proceeding would be dismissed. The court found that the primary judge had indeed erred in reversing the onus of proof when considering the questions of whether Mr. Gundi was redeployed to a "reasonable alternative position" or offered a "suitable position" as defined by the Sensis Enterprise Agreement 2014. As a result, the appeal was allowed, and the proceeding was dismissed.