Dear Reader,

Sometimes, it can be a little hard to tell exactly when you can dismiss an employee on the grounds of “genuine redundancy”.

So keep this in mind: In order for Fair Work Australia to consider a redundancy “genuine”, you must be able to prove that it was not reasonable for you to redeploy the employee elsewhere in your business.

This can seem daunting, but don’t feel as though you have to offer the employee a role if you don’t have one!

If there are no suitable positions available for the employee, then you won’t be expected to redeploy them.

Like this recent case:

In Manoor v United Petroleum Pty Ltd [2010], the FWA considered the case of a redundancy of a Melbourne-based job where the work had been relocated to Townsville. FWA ruled that it was not reasonable for the employer to offer the employee redeployment in Townsville, because the employee had relatively short service and the relocation would have cost the employer significantly more than recruiting someone locally.

Check out Charles’ article below for more information on how to prove a “genuine” redundancy to Fair Work Australia.

If you have any questions, comments or suggestions about the Bulletin or the Employment Law Practical Handbook service, I would love to hear them.

Shoot me an email to helpdesk@workplacehandbook.com.au with any or all of your ideas!

Until next time…

Claire Berry
Workplace Bulletin

Tags: genuine redundancy, redeployment