Redundancy & Workplace Change

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Redundancy occurs when an employer decides that a particular job is no longer required to be done by anyone. This can happen due to various reasons, such as company restructuring, economic downturns, or technological changes. If you are facing redundancy, it’s important to know your rights and understand the process to ensure you are treated fairly.

What Are Your Rights Under the National Employment Standards (NES)?

Under the Fair Work Act 2009, the National Employment Standards (NES) outline the minimum entitlements for employees, including redundancy. If your job is made redundant, you may be entitled to:

Redundancy pay: This is a lump sum payment based on your length of continuous service with the employer, calculated according to the NES. The amount varies depending on your years of service.
Notice period: The NES requires that your employer provides you with notice of termination or pay in lieu of notice. The notice period depends on your length of service and can range from one to five weeks.
Accrued entitlements: Any accrued but unused leave entitlements, such as annual leave and long service leave, must be paid out upon termination.

At Yarn Legal, we help you understand these entitlements and ensure you receive everything you are owed.

Was Your Redundancy Genuine?

For redundancy to be lawful under the Fair Work Act, it must meet specific legal criteria. A redundancy is considered genuine if:

Your employer no longer needs your role: The job you were doing is no longer required due to changes in the business.
Consultation requirements are met: If you are covered by a modern award or enterprise agreement, your employer must consult with you before making the redundancy.
No alternative employment is available: Your employer must have made a reasonable effort to find you another job within the business.

If your employer did not follow these procedures, or if the redundancy was used as a pretext for an unfair dismissal, you might have grounds to challenge it.

What Can You Do If Your Redundancy Wasn't Genuine?

If you believe your redundancy was not genuine, you may have the right to challenge it through an unfair dismissal claim with the Fair Work Commission. Signs that your redundancy may not be genuine include:

Lack of consultation: Employers must consult with employees before making positions redundant if covered by an award or agreement.
Reassignment of duties: If your responsibilities have simply been given to another employee, the redundancy may not be valid.
Discriminatory or unfair selection: If you suspect that you were selected for redundancy due to discriminatory reasons or as a form of retaliation, it may be unlawful.

How We Can Help

We provide expert legal advice and representation to clients facing redundancy. We understand the significant impact that losing your job can have on your life, and we are here to help you navigate the legal challenges with confidence. Our team is committed to providing culturally safe and trauma-informed legal services, ensuring that you feel supported every step of the way.