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What is a “sham” redundancy?
A sham redundancy is where your employer dismisses your employment for redundancy but any of the following is true:
See Also
Redundancy pay - Your rights during redundancyAre You Being Made Redundant? Five Questions To Ask. - LincsLaw Employment Law SolicitorsSeverance Package Negotiation: Definition, Tips, and ExamplesRedundancy | Negotiating a better redundancy package | Your Rights | Versus Law- your job is still required to be performed;
- your employer did not consult with you about the redundancy (where an award/enterprise agreement applies to you);
- your employer made no attempt to redeploy you either with it or an associated entity;
- your employer’s motivation for making you redundant was unlawful, e.g. you made a complaint about your employment or exercised a workplace right such as parental leave or requesting flexible work.
The fact that your employer pays you redundancy does not make it a genuine redundancy.
If you think your redundancy is a sham redundancy you may be eligible to make either an unfair dismissal or general protections claim.
Resolution123 can help, you can take our eligibility questionnaire at www.resolution123.com.au/submit and visit our website at www.resolution123.com.au.
Want to learn more? Contact us today.
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