Reagecon Diagnostics Limited v Vincent Nolan Posted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionUnfair Dismissal, Redundancy and Reorganisation
This case concerned a claim that the complainant was unfairly dismissed as a genuine redundancy did not exist in the circumstances. He claimed that he had signed a notice of termination under duress and had not been afforded time to seek independent legal advice. The complainant stated that no justification for his redundancy existed, particularly given the fact that fifteen new employees were employed around the same time.
The court acknowledged that the respondent was entitled to restructure its business. However, it held that the respondent had not considered whether the complainant's redundancy was fair, nor looked into whether he could be redeployed to an alternative role. Accordingly,
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