Employment Discrimination Lawyers .pdf
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Employment Discrimination Lawyers
One significant pitfall associated with a voluntary redundancy offer is that it is
common ftr the best and most experienced employees to take up the offer, being
more confident of gaining other employment. This can strip an organisation of its
best staff, leaving it in more trouble than before redundancies were declared.
Voluntary redundancy not a dismissal
In the case of Milisaz’ljevic i Cooperative Bulk Handling Limited (2003), the
AIRC held that acceptance of an offer of voluntary redundancy did not amount to
a dismissal, because it was not a termination at the employer’s initiative. In this
case, an employee had argued that acceptance did amount to dismissal because
the employer reserved the right to refuse applications for voluntary redundancy.
Ilowever, the commission held that both parties had choices (for example, the
employee could have either sought further information or waited to see whether
the quota for voluntary redundancies was filled by other employees) and it
was the employee who took the initiative by choosing to leave his
employment after having a discussion with a manager about voluntary
redundancy. It could only have been at the employer’s initiative if the
employer’s actions were specifically intended to end the employment, but
there was no evidence that the employee was treated differently from other
Employment Law Lawyers
Restraint of Trade