Adelaide. A marketing manager made redundant was deemed to have been unfairly dismissed after her employer failed to consider her for a vacant role she was qualified to perform.
Where: Adelaide
Case name: Tyndale v Freerange Future Pty Ltd [2025] FWC 1206
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Sonia Tyndale, account manager at a creative agency
What: Dismissed after her role was made redundant without being considered for another internal role
Outcome: FWC found the dismissal unfair and awarded 10 weeks’ pay as compensation
Legal Principle/s:
• Redundancy was not genuine because a suitable alternative role was available
• Employers must assess redeployment reasonably and with proper consultation
• Failing to consider redeployment can make an otherwise valid redundancy unfair
Commentary:
This case reinforces that employers can’t simply claim redundancy without showing real efforts to consider redeployment, especially when the employee has the skills to do the alternative job.
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