How to make sure your business is prepared for the new Fair Work Act.
click here to get a free trailDear Reader,
I got an interesting question from subscriber earlier this week – one I think you will want to know the answer to as well.
So today, I thought I would share the question (and its answer!) with you…
Here goes…
Question: I have a long term employee who has been with our organisation for 12 years. She performs her role adequately, but due to a downturn in business, we can no longer justify paying her current salary for the role.
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.
If Fair Work Australia (FWA) is satisfied that you dismissed an employee for reasons of “genuine redundancy”, then the dismissed employee cannot claim unfair dismissal under the Fair Work Act.
In order to establish grounds of genuine redundancy, you must prove three things.
1. Firstly, you must prove that you dismissed the employee because you no longer required the person’s job to be performed by anyone due to changes in the operational requirements of your business.
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