Is your redundancy genuine?

Recently we have had a number of inquiries from people being made redundant from their jobs.

Most people understand that a genuine redundancy means that your employer does not need the job to be done anymore.

However many people (employers and employees) overlook the other requirements for a genuine redundancy.

A dismissal is not a genuine redundancy if:

• the employer does not consult in accordance with the requirements of the relevant award or registered agreement, or
• the employer could reasonably redeploy the employee into another job.

This means that if there is a suitable  job available, then the employer’s obligation is to place the employee in that job rather than make the employee redundant.  It is a matter of looking at the facts of each case to see if the proposed job is suitable and whether redeployment is reasonable.

However, an employer simply telling an employee that there are other jobs within the organisation that they can apply for, is not likely to be enough to meet the employer’s obligation.

If a redundancy is not genuine, then it may amount to unfair dismissal.  There is a very short time limit to bring a claim for unfair dismissal, so it is important that you get legal advice promptly.

Affording Justice provides advice to employees and small businesses about their rights and responsibilities in this situation.