Rise Up In Business

Can I make an employee redundant?


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This week and last week’s episode are all about honest communication in business. Open and transparent communication is the best prevention so you don’t need a cure. 

In today’s episode, I’m answering a question that I get asked frequently, can I make an employee redundant? The answer is yes as long as it is a genuine redundancy. 

I’ll explore exactly what a genuine redundancy is and the steps you can follow to make an employee redundant under the law. 

Most importantly, you can’t use redundancy as a side step to letting someone go if you just don’t want to go through the process of terminating them for performance or behavioural issues. You can’t replace someone with someone else. The role has to be genuinely not needed in the business anymore, this can be due to new technology, uplevelling, or restructuring. 

Remember you can face an unfair dismissal claim if you terminate an employee under the guise of a redundancy when it wasn’t genuine. So make sure you follow the correct procedures I outline in this episode that depend on the reasoning behind your decision. 

LINKS:


Previous episode mentioned: 

  • How do I protect myself against an unfair dismissal claim? Rise Up In Business


Check out my course Getting Paid Made Easy here

Get your copy of my Annual Legal Checklist here

Website:tmsolicitor.com.au

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Rise Up In BusinessBy Tracey Mylecharane


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