Genuine redundancy or unfair dismissal

If a dismissal is a genuine redundancy it will not be an unfair dismissal.

Under Commonwealth workplace laws, a person’s dismissal is a 'genuine redundancy' if:

  • the employer no longer needs the person’s job to be done by anyone because of changes in the operational requirements of the business, and
  • the employer followed any consultation requirements in the modern award, enterprise agreement or other industrial instrument that applies.

A dismissal is not a genuine redundancy if it would have been reasonable in the circumstances for the employee to be redeployed within the employer’s enterprise or an associated entity.

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Page last updated: 20 Aug 2010