If a dismissal is a genuine redundancy it will not be an unfair dismissal.
Under Commonwealth workplace laws, a person’s dismissal is a ‘genuine redundancy’ if:
- the employer no longer needs the person’s job to be done by anyone because of changes in the operational requirements of the business, and
- the employer followed any consultation requirements in the modern award, enterprise agreement or other industrial instrument that applies.
A dismissal is not a genuine redundancy if it would have been reasonable in the circumstances for the employee to be redeployed within the employer’s enterprise or an associated entity.