When it's not genuine redundancy

Under Commonwealth workplace relations law, a termination is not a genuine redundancy if:

  • the operational requirements of the business have not changed and the employer still needs the employee’s job to be done by someone; and
  • the employer has not followed relevant requirements they may have in an applicable modern award, enterprise agreement or other industrial instrument to consult with the employees, and/or their representatives, about the redundancy.

It may also not be a genuine redundancy if it's reasonable for the employee to be redeployed in either:

  • the employer’s business
  • the business of an entity associated with the employer.

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Page last updated: 20 Aug 2010