Whether a business is growing or shrinking there will often be a need for redundancies. Redundancy can be a welcome outcome for an employee or an employer where circumstances significantly change within the business. Employees must not be selected for redundancy in breach of the General Protections provisions of the Fair Work Act.

What is a Redundancy?

The definition of redundancy is simple and straightforward – where the position is no longer required to be done by anyone. The implementation of a redundancy is not so straightforward. We have extensive experience in dealing with redundancy and many of our clients are affected by redundancies. So, it is always a topical issue.

Navigating Complex Redundancy Disputes

The potential complexity of a poorly managed redundancy is illustrated in the case of IFF V. HOFF.

Ms H. was dismissed during a worldwide restructure but not paid a redundancy due to allegations of poor performance. The value of the redundancy was $100k. Ms. H. disputed the allegations of poor performance. She won the redundancy in the Magistrates Court. IFF appealed to the Supreme Court. While defending her Appeal, her Counsel lost hope of retaining the redundancy following many hours of oral submissions to the Court. The submissions demonstrated that redundancy is not a simple concept, and only by changing her barrister in the middle of the appeal, to engage Alan McDonald, did she succeed.

Legal Advice on Redundancy

We’re always pleased to advise about what constitutes a genuine redundancy.

McDonald Murholme lawyers is a leading source of advice for both employees and employers. It has offered fast and efficient service to thousands of clients for around 30 years and continues to do so with more experience and expertise than ever before.

Our clients' satisfaction is pivotal to our own success.

  • July 2020

    I wouldn't hesitate to recommend McDonald Murholme. From the initial consultation, right through to the resolution process, the entire team was supportive, knowledgable and approachable and made what can be a difficult situation much easier. Specifically Trent and Alexandra provided a high level of service, and engaged with me in a very personable manner. I am extremely satisfied with the service I received.
  • July 2020

    I couldn't recommend the team from McDonald Murholme more. Mr Sam Nottle was efficient, professional and achieved a wonderful result. If you are questioning whether to go ahead with an employment matter legally, I would urge you to do so. The team at McDonald Murholme made the process easy & reduced all of my anxiety and stress. Thank you again, Mr Nottle & team, I can't express my appreciation enough.
  • June 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • May 2020

    Extremely happy with the service received from all the staff members i had to deal with. The lawyer allocated for my case (Michael Kriewaldt) was extremely professional and handled the case very smoothly. Highly recommend their services.
  • May 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • April 2020

    The solicitors at the firm were very prompt and actioned my complaint against my employer very quickly. I obtained the result I wanted, in fact, I got a better result than what I had originally asked for. I was very pleased with the results and would highly recommend McDonald Murholme.
  • March 2020

    I would like to say that McDonald Murholme have treated me with nothing but professionalism and also great service. Trent, a principal in the firm is attentive to your needs and will ensure your case is handled with care and mindful consideration to all parameters involved.

Unfair Redundancy?

Speak to an employment lawyer who has acted for thousands of employees like you.

Frequently asked unfair redundancy questions

What is redundancy?

Redundancy occurs when there has been a change in operational requirements, and your job is no longer required. A change in operations requirements include circumstances in which a machine is available to do the job that was performed by you. Redundancy occurs when, through no fault of your own, your job is longer required to be done by anyone. Effectively, your job ceases to exist.

I wasn’t consulted or offered redeployment, is my redundancy non-genuine?

A non-genuine redundancy occurs when your employer fails to consult you about the redundancy in breach of a modern award or enterprise agreement, or it was reasonable to redeploy you in the circumstances. If you are covered by a modern award or enterprise agreement, there may be a consultation process that your employer is obligated to follow before implementing your redundancy. Generally, you must be informed of the proposed changes, provided information about the changes and their effects, and afforded a reasonable time to respond with ideas or suggestions.

What can I do if my redundancy was non-genuine?

You may apply for an unfair dismissal claim to the Fair Work Commission for compensation.

I think my position was targeted for redundancy due to my age. Is this genuine?

If the role ceases to exist and your employer has abided by consultation and redeployment terms as required by a Modern Award, this may be a genuine redundancy. However, you may opt for a General Protections application, which protects you from unlawful dismissal (including age discrimination).

Speak to an employment lawyer who has acted for thousands of employees like you.

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