Home - Must we consider overseas redeployment options?
May 06, 2022 on chapter Redundancy and retrenchment

We are in the process of restructuring in our Australian offices. During consultation with an employee whose role is being made redundant, the employee requested redeployment to the Japan office. Are we obliged to offer redeployment to employees during the redundancy process? If so, are we obliged to redeploy the employee to other locations within the company?

Although employers are not required to offer an employee redeployment opportunities, a person’s dismissal will not be a case of genuine redundancy if it would have been reasonable in all of the circumstances for the person to be redeployed within the employer’s enterprise or the enterprise of an associated entity.

The ‘reasonableness’ of redeployment opportunities will depend on the specific circumstances, such as the nature of the employer’s business, its structure and the relevant employee’s skills. For example, if the employer lacks any centralised authority over overseas offices, it might not be considered reasonable to redeploy an employee overseas.

It is important to appreciate that a failure to consider offering redeployment opportunities when it is reasonable to do so may expose you to an unfair dismissal claim.


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