If your employment has been terminated on the grounds of redundancy, it is important to ensure that the redundancy is ‘genuine’ and does not infringe upon your legal rights.
If the redundancy is not genuine, you may be eligible to file an unfair dismissal application or general protections application. You can read more about unfair dismissal applications here.
Under the Fair Work Act 2009, a genuine redundancy occurs when: the employer no longer requires the employee’s job to be performed by anyone because of changes in the operational requirements of the employer’s business; AND the employer has complied with any consultation obligation imposed by an applicable Modern Award or Enterprise Agreement.
The redundancy will not be genuine if it would have been reasonable in all of the circumstances for the employer to redeploy the employee within their business or an associated entity of their business.
If the dismissal is a case of genuine redundancy, then it will be important to make sure you have received your correct legal entitlements. If you are unsure about the redundancy sums you have received (or are expecting to receive) you can contact us for assistance here.
If the dismissal is not a case of genuine redundancy, then you may be able to pursue an unfair dismissal claim.
If any of the following examples are similar to what you have experienced, then you should seek legal advice to explore your rights and options further:
If you’d like to have a quick chat to see if it looks like you have a case, then our complimentary 20-minute call option is the perfect place to start.
The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.