Fair Work Commission|2025-04-09

The Applicant said she did further study which included in relation to Artificial Intelligence. Ms Hughes said the Respondent only had the information the Applicant had given it, and in regard to the work she had been doing, and her resume on file. Ms Hughes said she had spoken to the Talent Acquisition Lead about the new Python Machine Learning Engineer role within the Global Artificial Intelligence team. The Talent Acquisition Lead reviewed the Applicant's CV in relation to this role and it was determined it was a materially different role and not a suitable redeployment option. Ms Hughes said it was a new role that had just come up. Ms Hughes said she also did not believe the role was ever filled.

[64] Having weighed the evidence I am satisfied that there were no roles that it 'reasonable in the circumstances' for the Applicant to have been redeployed into within the employer's enterprise or associated entity.

[65] The Respondent submitted that the end of the Applicant's employment was not due to any capacity or conduct of the Applicant, but as the result of a genuine redundancy process which was undertaken fairly.

On the basis of the conclusion above, I am satisfied that due to operational changes the Applicant's role was no longer required, the Respondent has complied with its consultation obligations under the Award, and it did not have any other roles that it would have been reasonable to redeploy the Applicant into. As the Respondent has satisfied each of the requirements of s.389 of the Act, the Commission does not have jurisdiction to hear the unfair dismissal application. As the Commission does not have jurisdiction, the application is dismissed. An order to this effect will be issued separately and concurrently with this decision.

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Tatiana Lepina-Lavrinovich v Corporate Travel Management Limited [2025] FWC 1000 (9 April 2025)

Tatiana Lepina-Lavrinovich v Corporate Travel Management Limited [2025] FWC 1000

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Tatiana Lepina-Lavrinovich v Corporate Travel Management Limited [2025] FWC 1000 (9 April 2025)