Redundancy is sometimes the required outcome that cannot be avoided. It’s vital to follow the correct process in order to ensure it is a genuine redundancy plus to ensure unfair dismissal claim is not claimed.
Follow these three steps and we recommend that you contact Fair Work Commission for further information.
Warning
Meet with staff potentially affected to make them aware of the chance their role will be made redundant, including the reasons why. This should be documented and dates of the meeting recorded.
Consultation
These meetings are used as an opportunity for the employee to ask any questions and for employers to discuss with staff any potential to avoid redundancy being used. Some suggestions can include retraining; redeployment in the business; job sharing; reduced overtime.
Notice
If redundancy is to take place this needs to be confirmed in writing. Minimum notice periods apply to redundancy, meaning either the notice outlined in the National Employment Standards or the more generous provisions in contracts or agreements must be adhered to.
