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ARTICLE · 05 MARCH 2015

Restructuring and Employment Law – Part 1

Overhauling a business often means a workforce restructure, which in some cases could cause some employee terminations.

AustraliaEmployment and HR

The Loss of Mutual Trust and Confidence Part I

With today's economic climate, many businesses are faced with the need to overhaul their business in order to survive. This often means a need to restructure their workforce and in some cases may lead to termination of employees.

Restructuring a workforce or terminating employees raises a myriad of issues when dealing with employees such as contractual obligations, statutory obligations and the minefield of implications that come from the policies and procedures put into place by many businesses (or lack of them).

When terminating employees, a valid reason must exist for an employer to be able to terminate them. The reason or reasons must be based on the employee's poor performance, conduct or changes to the operational requirements of the business resulting in a genuine redundancy.

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