Local people. Local expertise. Industry leaders.
07) 4944 2000
Facebook
LinkedIn
MacAmiet Logo White
  • Home
  • About
    • Profile
    • Privacy and Credit Reporting Policy
    • History
    • Career Opportunities
  • People
    • Directors
      • Gene Paterson
      • Pat Carroll
      • John Formosa
      • Darren Sekac
      • Stuart Naylor
      • Andrew Telford
      • Samantha Sticklan
      • Paul Formosa
      • Caitlin Roberts
    • Associates and Solicitors
      • Steven Hayles
      • Danielle Fitzgerald
      • Brigid Paterson
      • Dyane Norton
      • Jessica Kay
      • Nelson Turner
    • Notary Public
      • John Formosa
    • Migration Agent
      • Paul Formosa
  • Services
    • Legal Services (A-C)
      • Banking Law
      • Business Law
      • Civil Litigation
      • Conveyancing
      • Criminal Law
    • Legal Services (D-O)
      • Deceased Estates
      • Family Law
        • Getting Started
        • Start Now Online
        • Frequently asked questions
        • Domestic Violence
        • Local Services Guide
        • Meet our Family Lawyers
        • Family Law News Articles
      • Family Law Online
      • Immigration & Australian Visas
      • Notary Public
    • Legal Services (P-Z)
      • Personal Injury Lawyers
        • Compensation Claims
        • Motor Vehicle Accident
        • Workers Compensation
      • Planning Law
      • Powers of Attorney & Advance Health Directive
      • Property Law
      • Wills and Estates Planning
      • Workplace Law
  • Charitable Foundation
  • News
    • Latest News
    • Subscribe
  • Contact
    • Mackay
    • Proserpine
    • Whitsunday
    • Solicitor Gold Coast
  • Payments
    • Pay Now
    • Payment & Refunds

Redundancies – Which Employees are Selected for Redundancy?

October 8, 2020Caitlin RobertsCaitlin Roberts

When considering redundancies, the questions that almost all employers have is how do they select the employees who will be made redundant without exposing themselves to a claim for unfair dismissal.

The Fair Work Commission has determined that the process used for selecting employees for redundancy may be irrelevant when determining the fairness of dismissal.

Firstly, let’s look at when a redundancy may not be a genuine redundancy under the Fair Work Act 2009, as in these circumstances the termination may be considered unreasonable.  A redundancy is considered genuine if the position is no longer required because of changes in the operational requirements of the business and any obligations under the modern award or enterprise agreement that is relevant to the employee were complied with.  Such obligations broadly consist of advising employees that may be affected that redundancies are being considered and consulting with affected employees to discuss proposed redundancies.

Assuming your redundancy is a genuine redundancy, the next step will likely be to determine which positions are to be made redundant which is an especially important step.

In a 2012 Fair Work Commission decision, the employer experienced a downturn in sales and decided to make one of their warehouse workers redundant.  The applicant’s employment was terminated by reason of redundancy and he was selected because of his slowness in completing tasks in comparison with his colleagues.  The applicant argued that the decision to select him for redundancy was unfair because there was not a valid reason for the dismissal related to his capacity or conduct.

The Fair Work Commission determined that having a valid reason for dismissal related to capacity or conduct is not relevant when selecting an employee for redundancy and the employer experiencing a downturn in sales is held to be a valid reason for dismissal.  It was therefore determined that the dismissal was not unfair.

You do need to exercise caution when selecting employees for redundancy to ensure that you are not selecting certain employees for discriminating reasons such as age, sex, religion, marital status, pregnancy and race as using these reasons for selection is prohibited under the general protections legislation and you may find yourself facing a general protections (adverse action claim).

If your business is needing to consider redundancies, and you would like assistance to navigate the process and better understand your legal obligations, then please do not hesitate to get in contact with our office.

 

Tags: Adverse Action Claim, Employees, Employers, Fair Work Act, Redundancy, Unfair Dismissal
Caitlin Roberts
https://www.macamiet.com.au/firm/caitlin-roberts
Caitlin Roberts commenced with Macrossan & Amiet as a Trainee Solicitor in October 2013. Caitlin completed a Bachelor of Laws and a Bachelor of Business (Accounting) at Queensland University of Technology Brisbane and was admitted as a Solicitor of the Supreme Court of Queensland in Rockhampton on 14 July 2014.
Previous post Why you Shouldn’t Destroy your Marriage Certificate Next post What is Estate Planning?

Related Articles

Award Flexibility During Coronavirus

April 2, 2020Caitlin Roberts

New Labour Hire Laws Have Commenced

April 23, 2018Caitlin Roberts

‘Casual’ Truck Driver awarded accrued annual leave

October 15, 2018Caitlin Roberts

News

  • Resolving Dividing Fence Disputes
  • Work Related Fatalities
  • Disputing Valuations in Family Law Property Settlements
  • Expansion of the Family Law COVID-19 List
  • Applicant Receives Deceased’s Property on Basis of a Verbal Promise Fulfilled
  • Medical Negligence Claims
  • Social Media Defamation

Mackay | (07) 4944 2000

mac@macamiet.com.au
55 Gordon Street                                 Mackay QLD 4740

Whitsunday | (07) 4948 4500

whitsundays@macamiet.com.au
Whitsunday Business Centre 230 Shute Harbour Road Cannonvale QLD 4802

Proserpine | (07) 4964 6900

proserpine@macamiet.com.au
15 Chapman Street                         Proserpine QLD 4800

Gold Coast | 0419 714 015

dsekac@macamiet.com.au

 

Available by appointment & home visits available

HomeAboutPeopleServicesCharitable FoundationNewsContactPayments
© 2020 Macrossan & Amiet. All rights reserved.
Designed and Hosted by Extend Digital