The definition of redundancy is simple enough. A redundancy occurs when the position, not the person, is made redundant.

A redundant position does not necessarily arise by the abolition of the work. A person can claim redundancy in a variety of circumstances, such as if the employer relocates the workplace, making attendance too difficult for the employee. In this instance, that employee would demand redundancy and should not be forced to resign without one.

Redundancy often brings with it a valuable tax-free payment. Some companies seek to avoid paying out a redundancy to minimise costs.

unfair redundancy cases

Let’s face it, many employers see paying redundancy as giving money away.

Therefore, some companies choose to performance manage an employee to the point of dismissal rather than pay out a redundancy. In extreme cases, an employee can be targeted for dismissal on the grounds of serious misconduct. That carries a stigma that may prevent the employee from easily gaining future employment.

In a genuine redundancy situation, the company should consult the affected employee(s) early. This will be followed by declaring the position(s) redundant. Then, every effort should be made to find a suitable alternative role within the company. If that cannot be done, proper notice and a redundancy payment should be made.

What counts as an unfair redundancy?

An employer is not entitled to substantially change the employee’s role without offering the employee the option of redundancy. Usually, a promotion will be welcome by an employee but if, for example, the employer merely demands that the employee increase their hours from three to five days per week, the employee may reject that offer and demand a redundancy because the three days per week role is redundant.

It is unlawful for employers to target employees who are pregnant, in poor health, or have parental responsibilities in a non-genuine redundancy situation.

You are entitled to a redundancy payment which is proportionate to the length of your employment. Payment can range from 4 to 16 weeks of pay. However, if you take advice, you might also receive additional compensation for damage to reputation, humiliation or pay in lieu of notice.

If you feel like your employer is not complying with the process, take advice and speak to McDonald Murholme. Our employment lawyers have handled thousands of unfair redundancy or unfair dismissal cases for employees like you.

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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