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Being made redundant? Know your rights

AS unemployment reaches a 12-year high, lawyers at Kelly Legal have noticed a recent spike in the number of people with questions about being made redundant.

In response, they have compiled a list of FAQs reflecting the predominant issues raised.

Q:.My boss is making me redundant, but don't I have a say in the matter?

A:.Unless it is a voluntary redundancy where employees will be asked to nominate for retrenchment, you may have no say about your retrenchment.

Q:.My employer said I was made redundant but then employed someone to do my job. What can I do?

A:.If your employer has terminated your employment on the basis of a redundancy, when in actual fact they had no intention of making your position redundant, you may have a right for unfair dismissal remedy because it wasn't a genuine redundancy.

Q:.My employer has offered to redeploy me to another job on less pay to avoid redundancy. What are my rights?

A:.An employee must agree to any redeployment but if it was a reasonable offer of deployment and the employee refuses, the employer may not have to pay redundancy pay.

Q:.The deployment offer that was made to me is a substantial demotion. Isn't this effectively a termination?

A:.It will depend on the reasonableness of the offer of redeployment. If it is a substantial demotion then it probably isn't reasonable and if you reject it, then it is a matter for your employer to decide what they will do next. If they terminate your employment on the basis that you rejected redeployment that was unreasonable, this could be an unfair dismissal.

Q:.I was employed by my employer for the purpose of a supply contract that has ended. Am I entitled to redundancy pay?

A:.If you were aware when you were employed that your employment could come to an end if the supply contract ended, and the contract has ended through no fault of your employer, then you may not be entitled to redundancy pay because your redundancy is in the ordinary and customary turnover of labour.

 

Workplace redundancies are a particularly complex area that can raise a lot of questions for employees put in that position. These FAQs can obviously vary depending on your individual circumstance, so it is always best to seek legal advice which will consider to your particular situation.

.Elspeth Ledwy is a Personal Litigation and Injury Law Practitioner and Senior Associate with Kelly Legal and can be contacted on elspeth.ledwy@kellylegal.com.au or at www.kellylegal.com.au.


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