Redundancy and retrenchment

All Topics

• What are redundancy and retrenchment?

  When a position becomes redundant, you may need to terminate the employment of the employee in that role, i.e. retrench them.
  May 01, 2018

• When is a redundancy genuine?

  For a redundancy to be genuine, it must meet the requirements set out in the Fair Work Act 2009 (Cth).
  May 01, 2018

• Redundancy due to operational changes

  A redundancy can occur due to operational requirements of the business.
  May 01, 2018

• What if the role is still required?

  You cannot use redundancy as an excuse to get rid of an underperforming employee.
  May 01, 2018

• Complying with consultation requirements

  For a redundancy to be genuine, you must comply with any provisions that provide for consultation.
  May 01, 2018

• Consultation under modern awards

  If you are a national system employer covered by a modern award, you are required to consult with affected employees (and their representatives) about business decisions that might lead to redundancies.
  May 01, 2018

• Consultation under enterprise agreements

  An enterprise agreement must include a term that requires you to consult employees about major workplace changes that are likely to significantly affect them.
  May 01, 2018

• How to meet your consultation obligations

  There are two key things you must do to meet your consultation obligations in relation to redundancies.
  May 01, 2018

• Redeployment

  You have an obligation to consider redeployment options for an employee in a redundant role.
  May 01, 2018

• When is redeployment reasonable?

  For redeployment to be reasonable, the employee must have the requisite skills and competence to perform the vacant role.
  May 01, 2018

loading more topics

load more