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Section : 389 Meaning of genuine redundancy
Domain : Human Resource Management
Classification : Not Identified
Text Content
(1) A person's dismissal was a case of genuine redundancy if: (a) the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise; and (b) the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy. (2) A person's dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within: (a) the employer's enterprise; or (b) the enterprise of an associated entity of the employer. Chapter 3 Rights and responsibilities of employees, employers, organisations etc. Part 3-2 Unfair dismissal Division 4 Remedies for unfair dismissal