Redundancy

An unfair dismissal remedy will not be available to an employee in the case of genuine redundancy.  A genuine redundancy may occur where an employer no longer requires the employee’s job to be done because of changes in the operational requirements of the employer’s workplace. This may be due to situations such as a downturn in business, change in technology or change in the location of an employer’s operations.   An employer must attempt to re-deploy an employee into an alternate role where it is reasonable to do so, rather than dismissing the employee on the basis of redundancy.

Employers are often required to comply with industry or enterprise specific requirements in modern awards or collective agreements in relation to redundancy, including consulting with employees about potential redundancies or workplace change. 

Harwood Andrews' workplace relations team regularly advises employers on proposed or disputed redundancies.  We provide practical and timely advice in relation to termination of employment and assist employers to develop and implement appropriate consultation procedures, minimise the risk of unfair dismissal claims, and assess employee entitlements upon redundancy.