QLD What determines if a Redundancy is Genuine

[Migz]

Hi All,

I'm hoping someone can advise me on the point's that make a Redundancy Genuine in nature? ie. What should take place to make sure a genuine redundancy is just that genuine?

Cheers

 

[Rod]

It's a simple definition: When the employer decides a person’s job doesn't need to be done by anyone.

 

[Migz]

Thanks Rod. So what if the employee did numerous tasks/jobs while being called "planning manager", from Drafting of site layouts in autocad, through to generating packing checklists in excel, to installation documentation that was then put into a folder complete with assembly drawings then put onto the workshop floor for processing. And a copy sent to site installers as well.

Cheers

 

[Rod]

If those tasks are still going to be done by someone else it is not a real redundancy. The difficulty is when an employer splits and reallocates the tasks amongst other groups. Harder to claim unfair dismissal in these cases. Not impossible, but much harder to claim unfair dismissal.