When can a redundant position be filled australia

Redundancy can happen when an employer no longer needs an employee to carry out a particular job, or to perform work at the same location and cannot redeploy the employee a suitable alternative role within the employer’s place or work or any other places of work the employer is associated with. Obviously if an employer renders a position redundant by making a decision to the effect that the employer no longer wishes the job undertaken by anyone (the traditional test which applies to whether a position has become redundant) and then immediately re-advertises for the position to be fille there will be a strong argument, very difficult for that employer to rebut, that the redundancy was not genuine and was a disguised unfair dismissal. If there is no longer any function or duty to be performed by that person , his or her position becomes redundant.

A genuine redundancy is when: 1. A dismissal is not a genuine redundancy if the employer: 1. See full list on fairwork. All awards and registered agreements have a consultation process for when there are major changes to the workplace, such as redundancies. The consultation process sets out the things the employer needs to do when they decide to make changes to the business that are likely to result in redundancies. Consultation requirements include: 1. If you’ve lost your job, contact the Fair Work Commission (the Commission) first if you think you were sacked because of: 1. You have days starting from the day after you were dismissed to lodge an application with the Fair Work Commission. Check the information at the Commission website to find out if you can apply for: 1. Whilst an employee only has days after dismissal to lodge an unfair dismissal claim, the Fair Work Commission can (in limited circumstances) allow for an extension of this timeframe.

As such, it is best to have any redundancy process well documented. Positions are made redundant, not people. Redundancy occurs when an employer no longer requires the jobto be performed by anyone. A business relocates or shuts down.

This may arise because of: 1. A position can still be made redundant if the work continues to be performe but the employer is now distributing the work differently. The question will be whether the previous position still exists. A redundancy doesn’t arise when you decide you want to keep a temporary staff. In addition to having a real reason for the redundancy, employers must ensure the redundancy is “genuine”.

The employer has explored reasonable re-deployment opportunities for the employee. An employer must comply with any award or agreement obligation about consultation. You will need to examine the award or agreement for the process to be followe however this will generally include: 1. Contemporaneous notes should be kept at all stages of this process. The reasons why certain employees have been selected over others.

Consider whether redundancy pay is payable. Whether the redundancy was due to ordinary and customary turnover of labour (such as, the loss of a client contract). Notice, accrued annual leave and accrued long service leave (in some circumstances) are payable in addition to any redundancy entitlement. Please contact Ashlee Miller, Associate or Murray Procter, Partnerfor queries.

If a new employee was hired to fill the redundant role, there could be a problem for the employer. If, following a redundancy exercise, your organisation is (or will be) in a position to hire and fill a redundant role, speak to our experts today for advice that considers both the legal and HR aspects. Being made redundant can be a stressful experience, and if you’ve got bills to pay and a family to look after it can be particularly distressing. Employees with a length of service of at least nine years but less than are entitled to a minimum of weeks’ redundancy pay,” she says.

The Fair Work website has a handy calculator where you can work out how many weeks’ redundancy pay you’re entitled to by answering a few questions about your employment. Technically speaking, a redundancy occurs when your employer no longer has a role for you due to a business restructure or closure. It can also tell you how much notice your employer should give you. On a personal level, being made redundant can occur in one of two main ways.

Redundancy and Unfair Dismissal Recent case law suggests that an employee whose position has been made redundant may still be able to take unfair dismissal action if their former employer has failed to follow the correct procedure in effecting the redundancy. Redundancy is a complex process within itself and when you add rehiring into the mix it can make it seem almost impossible but if you assess the situation, consider the needs of the business and follow the points above you’ll be on track to make the best decisions for your business. During a restructuring process in which the applicant was retrenche another job was upgraded and subsequently filled by an external candidate. The company is a Sydney-based company of about employees.

I have since been working for the company on a freelance basis.