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What is the meaning of a dismissal because of “redundancy”?

The concept of redundancy dismissal is a critical element in employment law, often determining the outcome of industrial disputes and claims. This guidance note explores the nuanced legal interpretations of “redundancy” within Australian law, focusing on its application under the Fair Work Act 2009 (Cth) and related industrial instruments.

Topics Covered

  • What happens in the case of a genuine redundancy?
  • What are redundancy pay entitlements under the NES?

Essential Insights

  • Assess the complex interplay between statutory definitions and case law shaping “redundancy” interpretations.
  • Understand why the context of dismissal critically affects redundancy payment obligations and entitlements.
  • Recognise how consultation requirements and notification thresholds impact the genuineness of a redundancy.
  • Identify circumstances where “genuine redundancy” excludes unfair dismissal claims, per Fair Work Act provisions.
  • Evaluate implications of contractual terms, policies, and industry customs on redundancy pay beyond statutory minimums.
  • Anticipate nuanced risks in role alterations, workplace relocations, and role amalgamations influencing redundancy status.

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