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ARTICLE · 12 AUGUST 2023

Don't assume: Redeployment options in redundancies

Holding Redlich
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To downsize a workforce via redundancy, employers must follow due process to avoid unfair dismissal claims.

AustraliaEmployment and HR
Charles Power
Charles Power
Henry Ja
Henry Ja
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Employers looking to downsize their workforce through redundancies need to ensure they are following a proper process to avoid unfair dismissal claims.

Under the Fair Work Act 2009 (Cth) (FW Act), a person cannot bring an unfair dismissal claim if the dismissal is a case of genuine redundancy. This happens when the employer no longer requires the person's job to be performed by anyone else due to changes in business operations and all redundancy consultation obligations under applicable modern awards and enterprise agreements have been met.

Even if the above requirements are met, a person's dismissal will not be a case of genuine redundancy if it was reasonable for the person to be redeployed within the employer's enterprise or, the enterprise of an associated entity of the employer.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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