What are legitimate reasons for redundancy?
Fair reasons for redundancy must be objective and able to be measured. For example, attendance history, punctuality, skills and experience, performance and disciplinary history are all considered as fair reasons for redundancy. Length of service and qualifications may also be considered.
What are the legal reasons for redundancy?
What constitutes grounds for redundancy?
- The need for the worker has diminished or ceased.
- New systems in the workplace.
- The job no longer exists because other workers are doing the work you carried out.
- The workplace has closed or is closing down.
- The business moves.
- The business is transferred to another employer.
What qualifies as genuine redundancy?
A genuine redundancy means the employee is being dismissed because the employer doesn’t require that position to be filled anymore. still needs the employee’s job to be done by someone. could have reasonably, in the circumstances, given the employee another job within the employer’s business (or associated entity)
What is the difference between a genuine and non genuine redundancy?
A genuine redundancy occurs when the employer has made a decision that the job no longer exists and terminates the employee’s employment. A payment for a non-genuine redundancy is taxed as part of the employee’s ETP.
What is a valid reason for dismissing an employee?
A valid reason for dismissal may relate to an employee’s conduct, capacity, performance or redundancy.
Can an employer make you redundant and then replace them?
Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.