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ARTICLE · 11 SEPTEMBER 2024

The importance of getting redundancies right

Bartier Perry Solicitors
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There are ramifications for not getting the redundancy process right.

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
Kristina Tato
Kristina Tato
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The decision to make a role redundant is not an easy one to make in terms of timing and ensuring compliance with industrial instruments. Discussing with affected employees about a potential redundancy is an obligation under industrial instruments and there are ramifications for not getting the process right.

Navigating these conversations requires employers to be aware of their consultation obligations and in doing so making sure that they get redundancies right (because often, redundancies go wrong).

What is a genuine redundancy?

Redundancies often go wrong when employers are unfamiliar with their consultation obligations and do not follow the right process.

Section 389 of the Fair Work Act 2009 says that a redundancy is a genuine redundancy if: the employer,

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