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Redundancy means that an employer no longer requires a specific role to be performed. This may be due to downsizing, restructure, productivity or process improvements or technological change. Termination of employment due to redundancy is exempt from unfair dismissal if the dismissal is a case of ‘genuine redundancy.’
For a redundancy to be considered a ‘genuine redundancy’ the employer must have a sound business case for the redundancy, comply with the consultation obligations set out in a relevant award or agreement and demonstrate that there are no reasonable redeployment options within the enterprise or an associated entity (as defined by the Corporations Act 2001).
The Redundancy Business Case Proposal, together with the Redundancy Business Case Checklist, is designed to assist employers to ensure they have a sound business case to proceed with the redundancy.
Guidance notes and instructions are shown italicised.
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