Redundancy or unfair dismissal?

Fair Work Australia has approved a redundancy made by transport hardware company UES International despite the company's failure to comply with its obligation to consult with the employee it got rid of.

FWA initially found Leevan Harvey was unfairly dismissed rather than made redundant because, although UES International had been experiencing a downturn in business, the redundancy was not "genuine" because of the selection process used.

UES selected Harvey from a group of three staff members because his performance was "slow" and "less efficient" compared with the others. However, UES failed to consult Harvey about the change.

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