First published on Thursday, May 29, 2025
Last updated on Thursday, May 29, 2025
Welcome to HR Heartbeat, where we look at the week’s most pressing HR and employment relations stories. With over 20 years’ experience in professional services, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and employment relations.
Managing Director sacked for rogue moves
The Fair Work Commission (FWC) recently dismissed an unfair dismissal claim from a managing director sacked after more than three years at a small Aboriginal and Torres Strait Islander housing co-op in Gladstone.
Trouble began in late 2024 when the managing director made two unauthorised decisions: firing the housing officer and removing the board secretary via letter—both without board approval.
In response, the board voted no confidence on 1 December 2024 and terminated the managing director on 6 December, citing multiple failures, including ignoring directives for financial reports, not securing insurance, allocating housing to family without approval, and neglecting the waiting list.
The FWC applied the Small Business Fair Dismissal Code’s two-part test: did the board genuinely believe misconduct justified immediate dismissal, and was that belief reasonable after proper investigation? The Commission found the board had reasonable grounds, backed by employment relations advice and constitutionally supported authority to remove the managing director.
Bottom line: dismissal was fair. Good intentions aside, the managing director overstepped governance boundaries, and the board acted within its rights.
HR jobs surge as hiring bounces back
SEEK data shows a pick-up in Australia’s job market in April, with HR and recruitment ads rising 5.1% after a nearly flat month prior.
This matches ANZ-Indeed’s finding of a 0.5% increase in HR job postings, signalling employers gearing up for hiring.
Overall job ads climbed 1.8% after two months of decline, with sectors like Sport & Recreation (+15.8%), Real Estate & Property (+11.8%), and Hospitality & Tourism (+9.8%) leading growth—likely driven by seasonal demand.
Regions saw varied rebounds: Queensland bounced back strongly with a 7.6% rise, notably in Hospitality & Tourism (+25.7%) and Trades & Services (+9.6%). Western Australia (+2.3%), South Australia (+2.2%), and ACT (+2.0%) also saw gains.
Applications per job ad rose 2.6% in March, marking the second consecutive monthly increase, with government roles particularly popular due to job security and flexibility.
Redundancy or replacement? Fair Work judges
An FWC unfair dismissal claim has brought into focus what counts as a genuine redundancy.
A part-time trainer employed nearly six years was made redundant amid reduced training hours. He challenged the redundancy, citing his employer hired a relief worker immediately and advertised his role the very same day.
For some background, the trainer worked under a 34-hour contract. When demand dropped to 28 hours, the employer still paid for 34 hours, hoping hours would return. By November 2024, after consultation, a redeployment offer was made but declined.
Under Fair Work law, a redundancy is genuine if the job is no longer needed due to operational changes, proper consultation occurs, and redeployment isn’t reasonable.
The employer argued financial pressure and reduced hours made the 34-hour role obsolete. The trainer disputed this, arguing financial reasons don’t count as operational changes and pointed to the immediate replacement hire as evidence the job remained.
In the end, the Fair Work Commission ruled the redundancy was genuine, stating: “I am satisfied that the [worker’s] employment came to an end for reason of a genuine redundancy within the meaning of s.389 of the Act.” As a result, the worker’s unfair dismissal application was dismissed.
The case highlights how careful employers must be: proper documentation and consultation are crucial to avoid unfair dismissal claims.
And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!
