Have you been made Redundant?

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.

What is a genuine redundancy?

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.

What are my options?

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:

  • you were not consulted about the redundancy;
  • you have been replaced with a more qualified person, who continues to perform the same duties that you did;
  • your duties have been given to another employee;
  • you believe your redundancy was a sham to hide the real reasons for termination.

You can read about unfair dismissal claims and general protection claims here.

How can Rubix Legal help?

Redundancy - Let’s get started...

If you would like to explore your rights to pursue a claim there are several ways that we can help.
  • You can book in for a complimentary 20-minute conference call to see if it looks like you have a case.
  • You can book in for a 1-hour paid Legal Advice Consultation for a detailed and tailored discussion about your legal options and prospects.
  • If your matter is more complex, you can book in for a 2-hour paid Legal Advice and Strategy Session.
  • Already know you need ongoing assistance and representation? You can engage us to assist you with the preparation of your application, preparation for any conciliation conference or hearing or have us act on your behalf for the entire matter. You can find out more about our pricing here.

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.

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