30 Jan 13 Taxpayer's termination was not a "genuine redundancy" - Weeks
The Full Federal Court (Dowsett, Besanko and Robertson JJ) has dismissed the taxpayer's appeal from the decision of Reeves J in Weeks v FCT  FCA 342 (4 April 2012), who in turn had dismissed the taxpayer's appeal from the decision of the AAT in The Taxpayer and FCT  AATA 499 (20 July 2011).
The AAT held that the taxpayer, a former ATO officer, whose employment was terminated after she had accepted an offer of voluntary redundancy, and who received a redundancy payment, had not received a "genuine redundancy payment" within the meaning of s 83-175 of ITAA1997. Accordingly, the payment received was not exempt but subject to tax.
The Full Federal Court said at para 19: "...we see no inconsistency between the employee being excess to the requirements of the Agency and the employee’s position not being (genuinely) redundant."
Weeks v FCT  FCAFC 2 (Full Federal Court; Dowsett, Besanko and Robertson JJ; 25 January 2013).