Workplace Restructuring, Change and Consultation

Redundancy, redeployment & disputes

Redundancy

A role is redundant where it is no longer required to be done by anyone due to changes in the enterprise (definitions in some EAs may vary). Some EAs require the employer to explore redeployment options.

Entitlements when employment ends

  • Notice (or payment in lieu);
  • Payout of accrued leave;
  • Severance pay if eligible under legislation, award or EA (eligibility/exclusions apply).

Genuine vs non‑genuine redundancy

  • Genuine where the job is no longer required and any consultation duty has been met.
  • Concerns about targeting or retaliation may raise general protections issues.

Time limits

If dismissed, strict time limits apply (e.g., typically 21 days from the date termination takes effect for unfair dismissal/general protections dismissal applications to the FWC).

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