Restructuring and Redundancies
Consultation important in genuine redundancies
Genuine redundancy arises where an employee’s employment is terminated because their position is no longer required to be performed by anyone as a result of changes in the operational requirements of a business. Read more...
What is a ‘Genuine Redundancy’?
Since the commencement of the Fair Work Act on 1 July 2009, an employee is exempt from commencing a claim for unfair dismissal where their employment is terminated for ‘genuine redundancy’ reasons. For this to apply the dismissal must constitute a ‘genuine redundancy’ and to be a ‘genuine redundancy’ the position performed by the employee must no longer exist – i.e. the employer no longer needs it to be performed by anyone. Read more...
