Canberra. Trainer dismissed after refusing alternative part-time role with fewer hours and higher rate. Appeal dismissed as Fair Work found redundancy was genuine and consultation requirements were met.
Where: Canberra
Case name: Ron Lever v BSI Learning Institute Pty Ltd [2025] FWCFB 166
Date of decision: 5 August 2025
Link to full case: Click here to view decision
Who: Ron Lever, part-time vocational trainer at a correctional centre
What: Dismissed after rejecting new contract for fewer hours at a higher rate; argued redundancy was not genuine
Outcome: Full Bench refused permission to appeal. Dismissal found to be a genuine redundancy.
Legal Principle/s:
• Redundancy may be genuine even if some duties remain and are absorbed by others.
• A reduction in hours can constitute an operational change.
• An alternative role offered and rejected can satisfy redeployment obligations.
• Genuine consultation does not require agreement, only proper process.
Commentary:
This case confirms that even if the same duties continue in another form, a role can be redundant. Rejecting a reasonable alternative job may weaken unfair dismissal claims.
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