What is a “sham” redundancy?
A sham redundancy is where your employer dismisses your employment for redundancy but any of the following is true:
- your job is still required to be performed;
- your employer did not consult with you about the redundancy (where an award/enterprise agreement applies to you);
- your employer made no attempt to redeploy you either with it or an associated entity;
- your employer’s motivation for making you redundant was unlawful, e.g. you made a complaint about your employment or exercised a workplace right such as parental leave or requesting flexible work.
The fact that your employer pays you redundancy does not make it a genuine redundancy.
If you think your redundancy is a sham redundancy you may be eligible to make either an unfair dismissal or general protections claim.