What is a genuine redundancy?
A job is genuinely redundant when an employer no longer requires it to be performed by anyone. This may be the result of general downsizing, restructuring, outsourcing or automation. A job can still be genuinely redundant even if the duties that comprised the job are still required by your employer.
What is a non-genuine redundancy?
Not all redundancies are genuine. It may be that your employer still requires your job to be performed (even if it has asserted otherwise), failed to properly consult with you about the redundancy, failed to consider suitable redeployment options for you or selected you for redundancy for a reason prohibited at law. If this is the case, you may be eligible to file an application in the Fair Work Commission to challenge your dismissal.
If the redundancy is genuine it’s always a good idea to obtain legal advice about your redundancy entitlements. This can include your entitlement to notice and redundancy pay under the National Employment Standards or a more favourable entitlement under the terms of your employment contract, an applicable policy or an enterprise agreement.
The lawyers at Jewell Hancock Employment Lawyers have successfully made hundreds of claims over the years to challenge non-genuine redundancies and to recover enhanced redundancy payments for employees.
Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.