When your job has been made redundant, it can come as a shock and it can be followed by feelings of uncertainty and confusion about the genuineness of the redundancy and entitlements to redundancy pay.
The Fair Work Act 2009 (Cth) provides protection for an employee who can demonstrate that their dismissal was not a case of genuine redundancy. It also safeguards a permanent employee’s right to a redundancy payment.
A redundancy is when an employer no longer requires a job to be performed by anyone due to:
However, a redundancy must be a 'genuine redundancy' otherwise you can challenge the redundancy by lodging an unfair dismissal claim.
Under the Fair Work Act 2009 (Cth), a genuine redundancy is when:
Even if the employer no longer requires anyone to do your job, a redundancy is not a genuine redundancy if:
If you have been dismissed due to redundancy of your position and you believe that the redundancy was not genuine, contact us to find out if you are eligible to make an unfair dismissal application with the Fair Work Commission.
At Rochforts, our highly experienced advocates have a track record of achieving optimum outcomes for employees who have been made redundant in an unfair way. We can also assist you in determining whether you have been paid the correct amount of redundancy pay, notice and other entitlements.
You only have 21 days from the day your dismissal took effect to lodge an unfair dismissal claim so do not delay in taking action.