Australian Employee Lawyers
Redundancy Gold Coast
Clear advice backed by real experience, with you dealing directly with your lawyer and a focus on practical outcomes.
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When Redundancy Doesn’t Sit Right
Redundancy is often presented as final, but the process behind it doesn’t always match what’s required. At Australian Employee Lawyers, we assist employees across Australia in assessing redundancy situations carefully, including clients in Sydney, Perth, the Gold Coast and Brisbane.
We look at how the decision was made, whether proper steps were followed and what your entitlements should be. When something feels off, there’s usually a reason worth exploring. Call us on 0405 122 777 to talk through your redundancy.
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Frequently Asked Questions
What makes a redundancy “genuine” under the law?
A redundancy is considered genuine when the employer no longer requires the role to be performed by anyone, due to operational changes. This could involve restructuring, technological changes or a downturn in work.
However, the employer must also follow any consultation requirements set out in awards or agreements.
If the role continues in a similar form or is given to someone else, it may raise questions about whether the redundancy is valid. Each situation depends on both the business reasoning and how the process was carried out.
Can my employer make me redundant and then hire someone else?
In certain situations, employers can restructure roles and later hire for different positions.
However, if the new role is substantially similar to the previous one, it may indicate that the redundancy was not genuine. The timing, duties and responsibilities of the new position are all relevant factors.
If the core work remains the same, it can raise concerns about whether the redundancy was used as a way to end employment rather than remove a role. These situations often require a detailed comparison of both roles.
Am I entitled to redundancy pay if I’ve worked less than a year?
Redundancy pay under the National Employment Standards generally applies after at least 12 months of continuous service.
If employment is shorter than that, statutory redundancy pay may not be available. However, other entitlements such as notice, accrued leave or contractual payments may still apply.
In some cases, enterprise agreements or contracts provide more generous terms. It’s important to review the full employment arrangement rather than relying solely on minimum standards, as additional entitlements may exist depending on the circumstances.
Can I negotiate my redundancy package?
Yes, redundancy packages can often be negotiated, particularly where there is uncertainty about the process or entitlements.
Employers may be open to adjusting payments, notice periods or other terms to reach an agreement. This is especially relevant where a deed of release is involved, as signing it may limit future claims.
Understanding what is standard and what may be negotiable can help in discussions. Each situation is different, and outcomes often depend on the strength of the position and how the matter is approached.
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Looking At The Details
Is It A Genuine Redundancy?
A role being labelled redundant doesn’t automatically make it genuine. We look at whether the position was truly no longer needed, or if the duties were simply shifted elsewhere. Consultation is another key issue, especially where awards or agreements apply.
These situations can also overlap with unfair dismissal or general protections concerns, depending on how the process was handled. We focus on the practical detail – what changed, what didn’t and how the decision was carried out in real terms.
Understanding Your Outcome
Post-Employment Obligations
Redundancy often brings questions about notice, payouts and what happens next. We review your entitlements in full, including redundancy pay, leave balances and any contractual obligations. It’s also common to be presented with a deed of release or offered a package that needs careful consideration.
We help you understand what’s standard, what can be negotiated and what might be missing. The goal is to move forward with clarity, not uncertainty, especially when the situation has already shifted quickly.
Clear advice. Strong representation. Employee-focused.
