While the
employee was off work recovering from the surgery his employer commenced a
restructuring process which proposed the employee’s position be made redundant.
Almost
immediately on his return to work he underwent a series of interviews for
alternative roles in the organisation but failed to be appointed to any of
them.
The ERA
held that the redundancy was genuine but that the employer had acted with
significant indifference to the employee’s health and welfare and failed to
follow its own policy to reintegrate him back into the workforce after his
surgery.
As a
result he was not able to prepare for the job interviews as well as he might
and was therefore disadvantaged. $20,000
compensation was awarded.
Alan
Knowsley
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