Redundancy pay and notice entitlements

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A genuine redundancy occurs when an employee's employment is terminated at the employer's initiative because the employer no longer requires that job to be done by anyone. The exception to this is where the employment ends due to the "ordinary and customary turnover of labour", which we discuss in more detail below.

A redundancy can still be a genuine redundancy even if, for example, some or all duties performed by the employee still need to be performed but are instead "reallocated" or "absorbed" by one or more other employees or contractors as part of a restructure.

Unfair dismissal and other claims if your redundancy is not "genuine"

If you suspect your redundancy is not genuine, you may be eligible to make an unfair dismissal claim or other application in the Fair Work Commission. Certain eligibility criteria must be met, and strict time limits apply.