How tempting is it to use redundancy to move on an employee who just is not fitting in to your organisation! But beware; there are traps in doing so.
While employees can’t rely on the unfair dismissal provisions of the Fair Work Act 2009 where there is a genuine redundancy, several recent cases have highlighted that employers must be aware of their obligations, which are commonly required under the relevant modern award, enterprise agreement or the Act itself. These obligations can include a discussion of the adverse effect of workplace changes, any steps taken to avert or mitigate the effects, and the possibility of redeployment within the employer’s organisation. An employer is also typically required to commence the consultation process as soon as practicably possible, and give prompt consideration to any matters raised by their employee. If an employer does not do these things, an employee may be able to make an unfair dismissal claim. Employers are encouraged to seek legal advice in relation to a proposed redundancy to ensure that the requirements of this process are complied with.
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