Think you can make someone redundant without proper consultation, discussing alternative roles?
Think again.
That’s when redundancy can become and Unfair dismissal claim.
Ceva Logistics just learned this the hard way when Fair Work found their “genuine redundancy” was actually unfair dismissal, because HR failed to properly consult about redeployment options.
The cost: $7,439 plus superannuation. Plus, legal fees and reputational damage.
What Happened:
In June 2025, Ceva Logistics made an operations supervisor redundant as part of a restructure aimed at improving warehouse profitability.
The employer claimed it was a genuine redundancy. The supervisor disagreed.
Fair Work sided with the supervisor.
The Critical Mistake:
During consultation meetings, the HR Business Partner told the supervisor: “There’s just no current vacancies.”
The problem? There were 18 vacant positions across the business, including 3 in NSW where the supervisor worked.
The supervisor was never told about these roles.
Why This Matters:
Commissioner Adam Walkaden found the employer breached its consultation obligations in two keyways:
- Failed to discuss redeployment measures properly – The two consultation meetings were “very brief” and didn’t explore steps to find alternative positions
- Failed to give all relevant information – Not telling the supervisor about 18 vacant jobs meant she couldn’t participate meaningfully in discussions about avoiding redundancy
The Commissioner said plainly: “Such information would have assisted with the discussions around measures to avoid or reduce the adverse effects of the change.”
The Redundancy Defence Failed:
For a redundancy to be “genuine” under Fair Work laws, employers must:
✅ Consult properly about the changes
✅ Discuss measures to avoid or reduce adverse effects
✅ Consider redeployment options
Ceva Logistics failed on all three.
Result: What they called a “genuine redundancy” became unfair dismissal.
“But She Wouldn’t Have Been Suitable Anyway!”
The employer argued the supervisor couldn’t reasonably be redeployed to any of the 18 positions.
Commissioner Walkaden actually agreed, he found redeployment was “unlikely” because:
- No evidence she’d take a pay cut for lower-level roles
- Moving interstate at her own expense was “no more than a possibility”
- No evidence she had skills/experience for the vacant roles
But here’s the kicker:
Even though redeployment was unlikely, the employer still should have discussed it during consultation.
As the Commissioner said: “This could and should have been explored during the consultation process.”
The Lesson:
You can’t skip consultation just because you think the outcome is obvious.
Even if redeployment seems unlikely, you must:
✅ Tell the employee about vacant positions
✅ Discuss whether any could be suitable
✅ Explore options genuinely (not just tick boxes)
✅ Document the consultation properly
This Is Why HR Matters:
Commissioner Walkaden made a pointed comment: The HR team “should have been capable” of assisting the employer to meet its consultation obligations.
Translation: This was an avoidable mistake. HR should have known better.
What This Means For You:
Redundancy isn’t a magic wand to make “difficult” employees disappear.
If you’re considering making someone redundant:
DON’T:
❌ Rush through consultation meetings
❌ Hide information about vacant positions
❌ Assume redeployment won’t work without exploring it
❌ Treat consultation as box-ticking
DO:
✅ Give proper notice of proposed changes
✅ Share all relevant information (including vacant roles)
✅ Genuinely discuss redeployment options
✅ Document consultation thoroughly
✅ Allow time for employee to respond
The Real Cost:
$7,439 plus super might not sound like much compared to some unfair dismissal penalties.
But add:
- Legal costs defending the case
- Management time dealing with FWC proceedings
- Reputational damage
- The fact this could have been avoided with proper consultation
Suddenly that “quick redundancy” doesn’t look so cheap.
Need Help With Restructures?
If you’re planning redundancies or restructures, get it right the first time.
👉 Book a free 15-minute discovery call
Don’t let poor consultation turn your redundancy into an unfair dismissal claim.
Reference: Horsnell v Ceva Logistics (Austral