A store refit, four redundancies, and the one who applied for a vacancy

In January 2024 David Jones began refurbishing its Burwood store. For around 10 months it would trade on one level instead of three, and afterwards on two. It kept 39 staff at the store, redeployed 19 to other stores, and made 16 roles redundant. On 27 January 2024 four part-time staff from homewares and accessories lost their jobs: Carmen Houdayed, Saud Abu-Samen, Antoinette Grixti and Helena Nesci.

They challenged the dismissals, representing themselves. Much of their case was about favouritism in who was kept on. The Commissioner explained he had no power to overrule who an employer selects when the job itself is no longer needed. They also argued casuals were doing their work. The store's figures showed total hours, casual hours included, had fallen by more than half.

When they were told their roles were redundant, each was given a list of vacant jobs. Ms Houdayed, Mr Abu-Samen and Ms Grixti did not apply for any. Ms Nesci, who had nearly 10 years at David Jones and experience in beauty, applied for a part-time Clinique beauty consultant role at the Elizabeth Street store. David Jones said she was not suited to its "faster paced, elevated clientele".

The Commission found the jobs had gone and David Jones had consulted as its agreement required. For the three who had not applied, redeployment was not reasonable, so their redundancies were genuine and their claims were dismissed. Offering them casual work would not have been redeployment either. Ms Nesci was different: she "would have adjusted quickly" to the Clinique role, so her dismissal was not a genuine redundancy. Whether it was unfair was left for a later hearing.

The Commissioner added that low scores in the store's skills assessment did not mean they were poor employees. All four had "earned the right to be proud of their long careers".