Redundancy is where a job, not the person, is no longer required. It is a difficult and complex area which can fracture a workplace with resentment if employers do not plan and manage the process properly. It can also mean losing your best staff or damaging your commercial reputation if the process is not managed properly.
Do you know whether and when you should be attempting redeployment, whether voluntary redundancies also require prior consultation, whether you can use performance and/or number of sick days as criteria for redundancy? Whether someone on parental leave, personal leave or annual leave can be made redundant? KMIR knows – we can guide you.
Management of redundancies is an area that all employers must get right to meet the requirements of Australian law and to have an effective workplace.
KMIR assists our employer clients by:
- advice and drafting of effective employment agreements and EBAs which facilitate, not impede, redundancy where there is no other viable alternative.
- advising on fixed term contracts and independent contractor arrangements (where lawful and proper) which negate need for redundancy pay-outs.
- advising on all issues related to redundancy including strategy, guidance, scripts for managers, consultation requirements with employees and unions
- participating in redundancy meetings
- writing all associated correspondence.
- assisting employers with defence of jurisdictional arguments where unfair dismissal claims arising from redundancies in Fair Work Commission with effective Fair Work Commission documentation and representation at conciliations
- advocacy/representation in Fair Work Commission single member unfair dismissal application hearings and Full Bench appeals for unfair dismissal, adverse action claims or disputes associated with redundancy.
- helping redundant staff with post-redundancy issues such as finding new work, preparing resumes, dealing with post-employment trauma and distress.
For further advice and information on this topic, refer to the ‘Articles’ section of the KMIR website.