When Is a Redundancy Genuine?
A genuine redundancy generally concerns a position no longer being required because of operational changes, rather than simply selecting a person for dismissal. Consultation and redeployment considerations may also be relevant depending on the applicable workplace arrangements.
How We Help
We assist with restructure planning, genuine redundancy analysis, consultation, redeployment, selection processes, employee communications, entitlements, termination documentation and disputes.
Planning a Workplace Restructure
A restructure should begin with a clear understanding of the operational change the business is proposing and how that change affects existing positions. Planning before announcements are made can reduce confusion and avoid unnecessary risk.
Consultation During Redundancy
Applicable workplace instruments may contain consultation requirements. Even beyond formal obligations, clear communication can help employees understand the proposed change and provide relevant feedback before decisions are finalised.
Redeployment Before Redundancy
Employers should consider whether suitable alternative roles exist within the relevant organisation or associated entities where applicable. Redeployment issues should be assessed before final termination decisions.
Selecting Employees for Redundancy
Where only some positions are affected, selection criteria should be connected to legitimate business needs and applied consistently. Employers should be alert to discrimination or general protections risks.
Redundancy Pay and Entitlements
Final entitlements can depend on the employee’s circumstances and applicable workplace arrangements. Employers should confirm notice, accrued entitlements and any redundancy pay obligations before termination.
Redundancy and Unfair Dismissal
A redundancy may be challenged where the employee disputes whether the role was genuinely no longer required or whether relevant consultation or redeployment considerations were properly addressed.
Redundancy and General Protections
Restructure decisions should not be influenced by prohibited reasons or an employee’s exercise of workplace rights. The business should document the genuine operational reasons for the change.
Restructuring Without Redundancy
Not every organisational change requires termination. Businesses may alter reporting lines, duties or structures without making roles redundant, subject to contractual and workplace obligations.
Supporting Employers Across the Sunshine Coast
We advise Sunshine Coast businesses of different sizes on restructuring and redundancy processes.
Frequently Asked Questions
When should an employer seek legal advice?
Early advice is often most valuable before a significant workplace decision or process is finalised.
Can Saines Legal assist before action is taken?
Yes. We can review the circumstances, documentation and proposed process and help identify potential employment law risks.
Do you assist businesses throughout the Sunshine Coast?
Yes. We assist employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding areas.
Speak With a Sunshine Coast Employment Lawyer
Contact Saines Legal to discuss your workplace matter with a Sunshine Coast employment lawyer.