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.