One of the most important employer rights in Australia is the right to make a position redundant when it’s no longer needed. However, this has to be done carefully and within the scope of the law to ensure you don’t end up facing unlawful or unfair dismissal claim.

Unfortunately, redundancy can be a slightly complicated topic. Because of this, we’d recommend consulting with a lawyer or other legal professional if you’re considering making a position redundant. On top of this, we’ve put together the following list of the top four things to consider when making a position redundant to help you get started.

1. Make Sure You Consider Redeployment

One of the major things you have to think about when you’re making a position redundant is whether or not you can redeploy the affected employee within your company. If at all possible, you have a legal requirement to offer affected employees another position, even if the position is significantly lower in the company hierarchy and pays much less. If you don’t you will likely end up facing an unfair dismissal claim.

2. Provide Support Where Possible

If possible, you should provide support to employees who are going to lose their job due to a position being made redundant. While some people may prefer to be left alone, others will appreciate support in the form of:

• Being allowed time off to attend job interviews.
• Being assisted through some sort of redundancy program.
• Providing help searching and applying for a new position.

Again, the better you treat people who are going to be made redundant, the less likely unfair dismissal claims are to arise.

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