Genuine redundancy or unfair dismissal?

 

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.

 

If you would like more information, please visit our Contact Us page, email us at info@evansfaull.com.au, or call our office on (03) 9023 4736.

Evans Faull HR | HR Consulting & Recruitment | Melbourne

 

 

No comments yet.

Leave a Reply