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ARTICLE · 16 SEPTEMBER 2020

Fairness, JobKeeper and redundancy

AustraliaEmployment and HR

The COVID-19 pandemic has changed the way that work is performed in most industries and workplaces.

Part of this change has involved some workers losing their jobs. Early signs are that claims before the Fair Work Commission for unfair dismissal have surged. On 25 May 2020 the general manager of the Fair Work Commission, Ms Bernadette O'Neill said that unfair dismissals have spiked by 70%.

Employers who determine to make a position redundant needed to comply with some requirements. The very heart of the redundancy is a decision by an employer that it no longer wishes the position to be performed by anyone. It is not a redundancy to replace one employee with another.

If a modern award or an enterprise applies to a particular position, further requirements need to be complied with Central is consultation. Consultation should take place before any final decision to make a position redundant is made. Any input provided by an employee should be carefully considered.

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