HG Alert: Testing the Limits of the Operational Reasons Exemption - Aug 2007

Can an employer’s decision to dismiss an employee due to financial difficulties constitute a genuine operational reason for the termination? What about the dismissal of an employee for bullying where redeployment to another position is not available? Two recent decisions of the AIRC provide some guidance on how the operational reason exemption is being applied following the Full Bench ruling in Carter v Village Cinemas.

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