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LexisNexis Practical Guidance®
Straightforward guidance across a range of topics
- Ending employment
- Redundancy
What happens in the case of a genuine redundancy?
If the dismissal is a “genuine redundancy” then that will be a complete defence to an unfair dismissal claim under Pt 3-2 of the FW Act is that the dismissal was not a case of genuine redundancy.
A genuine redundancy occurs where:
- • the employee’s job is no longer required to be performed by anyone, because of changes in the operational requirements of the employer’s enterprise or the insolvency or bankruptcy of the employer;
- • the employer has complied with any obligation in an applicable modern award or enterprise agreement to consult about the redundancy; and
- • the person's dismissal will not be a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within the employer's enterprise; or the enterprise of an associated entity of the employer.
Redundancy pay may not be payable where the job is no longer required to be done due to the ordinary and customary turnover of labour.
See What happens in the case of a genuine redundancy?