workplace law

Pendlebury Workplace Law is a specialist workplace relations and employment law legal practice based in Sydney.

Redundancy – Is the Position Redundant or Not?

What’s redundancy?redundancy

Redundancy under the National Employment Standard happens when an employer either:

  • decides they no longer want an employee’s job to be done by anyone and terminates their employment (except in cases of ordinary and customary turnover of labour), or
  • becomes insolvent or bankrupt.

Note: What constitutes ordinary and customary turnover of labour will depend on the relevant circumstances.

Redundancy may happen when:

  • the job someone has been doing is replaced due to the employer introducing new technology (i.e. it can be done by a machine)
  • business slows down due to lower sales or production
  • the business relocates
  • a merger or takeover happens
  • the business restructures or reorganises.

Brooke Pendlebury
Friday, June 21, 2013