Redundancy

Redundancy is one of the more complex areas of employment law.

If you have been made redundant – or it’s being raised as a possibility by your employer – it’s important to get the right advice.

Speak to Queensland Workplace Law today. 

Queensland Workplace Law Specialise in Employment Law including Redundancy.

What constitutes a genuine redundancy?

A redundancy occurs when:

  • the employer has complied with any obligation imposed by an applicable modern award or enterprise agreement.
  • Redundancy can not be used as a guise to replace an employee.

    If the primary intention is the removal or replacement of an employee then it’s arguable that the employee was dismissed, as opposed to the redundancy not being genuine.

    What is meant by Changes in operational requirements:

    Changes in operational requirements are defined under the Labour Relations Act (LRA) as “requirements based on the economic, technological, structural or similar needs of an employer.” Some common examples include but are not limited to:

  • Downturn in the market reduced levels of demand.
  • Changes to improve efficiencies including costs reductions.
  • Site closure.
  • Project Completion.
  • Contracting or outsourcing.
  • What should I do if I've been made redundant?

    An employee who is made redundant is also entitled to notice and accrued annual leave and long service leave. An employee who is made redundant is also entitled to notice and accrued annual leave and long service leave.

    Employees will not be entitled to a redundancy who are:

  • Employed by a business who employee less than 15 employees.
  • Casual employees.
  • Employees employed on fixed term contracts.
  • Employees whose employment was terminated as a result of the “ordinary and customary turnover of labour."
  • If you believe that your redundancy is not a genuine redundancy, then you need to obtain specialised advice immediately.

    Queensland Workplace Law offer a free 15 minute initial phone consultation. Call us today to discuss your personal situation.

    Brisbane Queensland

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