Redundancy

Redundancies can be difficult for both employees and employers.

For employers, things become problematic not only because of financial and business pressure, but because the requirements needed to prove a redundancy is genuine are much easier in theory than they are practice.  This is especially so if:

• the focus is in the employee rather than the position;
• there are competing grounds for termination for any employee who might be affected; or
• the employee believes there are issues that suggest the redundancy is not genuine.

For employees, in addition to the usual concerns connected with the uncertainty of being unemployed and receiving the correct entitlements upon exit, redundancies that are not genuine trigger the operation of the unfair dismissal provisions, and potentially the adverse action provisions if the general protections are breached before or during the redundancy process.

At Argon Law, we have experience in helping employers and employees navigate through all aspects of redundancy.