Fair redundancy selection system not enough

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Fair redundancy selection system not enough

The actual system and approach to selecting those employees to be made redundant was fair but the personnel carrying out the assessments were insufficiently experienced with the work of the applicant in this case to make an accurate assessment.

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The actual system and approach to selecting those employees to be made redundant was fair but the personnel carrying out the assessments were insufficiently experienced with the work of the applicant in this case to make an accurate assessment.

Consequently the AIRC found the dismissal to be unfair and so awarded compensation.

Hawker De Havilland Aerospace had developed a system that seemed fair and balanced in relation to selecting redundancies at Fisherman's Bend plant in Victoria.

Lack of familiarity with work

Commissioner Gay noted that the system design was fair and reasonable but it became unfair in the implementation:

'… [the applicant] argues that the process miscarried in his case because both stages, the initial review conducted by Messrs Casey, Hazell and Parker and the appeal/review conducted by Messrs Horsley, Ryan and Dean, were seriously flawed.

The result of the flaw at each stage materially affected Mr Corneille's scores, and the capacity for a proper review at the appeal stage…

I have concluded that this argument must be accepted when one considers the unsound basis upon which first, the initial round assessment was made and, second, the appeal considered. For good reason the Commission rarely intrudes into the assessment and scoring of individuals in such cases unless it can be seen that there was some intruding factor, whether it be misinformation, personal animus or some other unacceptable discriminatory influence, which renders the process overall or its application in a particular employee's case unsafe and requiring of remedy. This is such a case…'

J Corneille v Hawker De Havilland Aerospace Pty Limited - AIRC - PR959880 - 07/

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