From time to time, businesses restructure and people are made redundant. If you have been made redundant during COVID-19, you should ensure that your redundancy is genuine, and your employer has complied with their obligations to consult you under your modern award or enterprise agreement.
What is a redundancy?
The Fair Work Act 2009 (Cth) considers that a person’s dismissal was a case of genuine redundancy if:
- The person’s employer no longer required the person’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise; and
- The employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy.
The key to a genuine redundancy is the disappearance of your role.
Examples of a genuine redundancy include when:
- A machine is now available to do the job performed by the employee;
- The employer’s business is experiencing a downturn and therefore the employer only needs three people to do a particular task or duty instead of five; or
- The employer is restricting their business to improve efficiency and the tasks done by a particular employee are distributed between several other employees and therefore the person’s job is no longer exists.
Have you been paid your redundancy pay and other entitlements?
If you have been made redundant and are unsure of whether you have received the correct redundancy pay and accrued statutory entitlements, contact Thomas Du on 0410 906 194 for an obligation free consultant to check whether you have paid out correctly.
What should you do if you feel you have been subject to a sham-redundancy or your employer has not complied with their obligations to consult?
JFMLAW understand that this is a difficult time for many employees, and we are here to help.
If you feel as though your redundancy was not lawful or your employer failed to consult with you about your redundancy, send us an email at firstname.lastname@example.org or call Thomas Du on 0410 906 194 to understand your potential remedies.
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