Sexual Harassment in the Workplace
A genuine redundancy occurs when:
- Your job is no longer required to be performed by anyone
- If there is a duty to consult with you under an applicable award/enterprise agreement, your employer has consulted with you
- Your employer has offered to redeploy you into an available position with it or an associated entity.
If your employer has not complied with the steps above you might be eligible to commence an unfair dismissal claim. You only have 21 days from the date of the dismissal to commence the claim. You can check if you have a claim by taking our quick questionnaire.
If your dismissal was a case of genuine redundancy you may be entitled to:
- Notice of termination
- Redundancy pay
- Accrued annual leave
- Accrued long service leave.
If you want to check you are receiving the correct entitlements on your redundancy fill in the form below and we will be in touch with an obligation free phone call and a fixed fee quote. We can typically turn this work around within 1 to 3 business days.
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:
- 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);
- You must earn less than the high-income threshold or be covered by an award or enterprise agreement; and
- 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.
“During my redundancy, Carly helped me secure greater severance than I thought was possible, so I was really happy. She also made it easy to understand the process and my rights, and gave me the confidence throughout it all.”
“I am so glad I engaged Genevieve and resolution 123, when my company proposed to make me redundant whilst on a sabbatical. I was travelling overseas and felt very vulnerable, pressured and bullied by my employer as they wanted to act very quickly and always insisting on very quick responses. Genevieve was fabulous, and guided and reassured me through the process. With her on my side, I felt a lot more confident in confronting and negotiating with my employers for a much better outcome and could move on with my head held high.”
Head of Product
From Our Blog
Redundancy and Redeployment
Employers restructure their business for a variety of reasons and this sometimes means that they need to make employees redundant. This article discusses what redeployment is and what you and your employer should be doing during the redeployment period.
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.