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Can we recoup redundancy pay if the redundancy is found not genuine?
Q: We retrenched an employee and paid them redundancy pay. However, they are disputing this was a genuine redundancy and making an unfair dismissal claim with the Fair Work Commission (FWC). Should they win the claim and be awarded damages, is the redundancy pay taken into account? If the redundancy pay is greater than what the FWC awards for unfair dismissal, would we have a right to recoup the redundancy pay?
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