A redundancy occurs when an employer no longer requires a job to be performed by an employee. This often occurs with the introduction of new technology into a workplace, business operations slowing down due to lower sales, business closing down, or workplace relocation interstate or overseas or if there has been a restructure or reorganisation because a merger or takeover happens.

If you have been made redundant and your employer can show that your job was no longer required, and your employer followed consultation requirements in the relevant award, enterprise agreement or other registered agreement, and legislation, then the redundancy will be classified as a genuine redundancy. In this case, you won’t be entitled to make an unfair dismissal claim.

However, you may have a claim for unfair dismissal in the following circumstances.

• If your workplace still requires your job to be done by someone else;
• If your employer has not followed the relevant requirements of consultation about the redundancy under the award or registered agreement; or
• If your employer could have reasonably, within the circumstances, have provided you with another job within their business or associated entity.

In order to access an application for unfair dismissal you must be able to satisfy the following requirements:

1. You must have been employed for at least 6 months (for workplaces with more than 15 employees) or 12 months (for workplaces with less than 15);
2. You must earn less than the high-income threshold or be covered by an award or enterprise agreement; and
3. The dismissal must not be genuine as defined by the Fair Work Act.

If you have been made redundant at work, and that redundancy is not genuine, Resolution123 can assist you in making a claim for unfair dismissal. you have 21 days from the day you were dismissed to lodge an application with the Fair Work Commission.

Yes, your employer can lawfully make you redundant. A genuine redundancy occurs when:

• Your job is no longer required to be performed; and
• Your employer has followed the consultation requirements under the award, enterprise agreement or other registered agreement.

If you are pregnant or on maternity leave, your employer can only make you redundant if it is a genuine redundancy which is not related to your pregnancy or because you are a parent.

However, if you are made redundant while pregnant or on parental leave you may have a claim in the following circumstances:

• Someone else is hired to do your job;
• Your employer fails to consult with you about the changes; or
• Or if there is a similar job at the business or related enterprise

The amount of redundancy which you are entitled to depends on your continuous service with your employer. This includes any other pay you may be entitled to, including annual leave, long service leave, and notice.