Is redundancy genuine when you fail to consult

In relation to a recent decision in the Fair Work Commission, it was clear that a genuine redundancy could only have occurred if the Company had complied with the consultation obligations contained in clause 8 of the Retail Award. The Company had argued the dismissal of the employee was the result of a genuine redundancy, and therefore the termination was effected for a valid reason and could not be characterised as harsh, unjust or unreasonable. However, it was unable to show where or how it had consulted with the em
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