Can we retrench an employee on parental leave?

Q: We have an employee on maternity leave. There’s a possibility we may need to make her role redundant while she is on leave. She is covered by an award. What are our obligations given we are a small business with fewer than 15 employees?

A: Generally, you can lawfully effect a redundancy during a period of parental leave so long as the fact that the employee is on parental leave has no influence on the decision to make them redundant. If there is a comparable role that is vacant, you will be obliged to offer employment in that role.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Parental leave for current advice.

The Workplace Bulletin

Get the latest employment law news, legal updates, case law and practical advice from our experts sent straight to your inbox every week.

Sending confirmation email...
Great! Now check your inbox and click the link to confirm your subscription.
Please enter a valid email address!