Do not wait, unfair dismissal and redundancy

Have you been unfairly dismissed or made redundant? The Fair Work Act sets out your rights as an employee, ensuring that your hard-earned money is not wasted. Our team of employment lawyers have prepared the below for those wanting to learn more or know what to do in the instance of unfair dismissal or redundancy.

BACKGROUND

The Fair Work Commission ('FWC') states that redundancy occurs when an employer decides they either no longer need an employee's job to be done by anyone, or the employer becomes insolvent or bankrupt, and terminates the employee's employment. Importantly, that means that the job itself, not the employee, becomes redundant. For an employer to make you legally redundant, it must be considered a 'genuine redundancy' within the meaning of section 389 of the Fair Work Act 2009 (Cth) ('Act'). To be considered a genuine redundancy, the employer must satisfy the following three conditions: