When can a redundant position be filled australia

More information, and a notification template, can be found on the Services Australia website. Think a mistake might have been made? Obviously if an employer renders a position redundant by making a decision to the effect that the employer no longer wishes the job undertaken by anyone (the traditional test which applies to whether a position has become redundant) and then immediately re-advertises for the position to be fille there will be a strong argument, very difficult for that employer to rebut, that the redundancy was not genuine and was a disguised unfair dismissal.

A position can still be made redundant if the work continues to be performed , but the employer is now distributing the work differently. If there is no longer any function or duty to be performed by that person , his or her position becomes redundant. Whilst there are a host of reasons for legitimate redundancy , you can ’t be made redundant whilst your job still exists.

This is generally deemed to be acceptable as long as you have reduced the overall size of the workforce and you can prove there is a genuine need for doing so. First things first, you need ensure your redundancy was genuine. This does not mean that if any aspect of the employee’s duties is still to be performed by somebody, he or she cannot be redundant. If the employer does wish to re-employ the redundant employee but also wants to ensure that their continuity of employment is broken by the intervening redundancy, there should be a clear calendar-week break (starting on a Sunday) between the termination of one period of employment and the commencement of the new period.

Can I be made redundant and replaced with an apprentice? After recently being made redundant as a Centre Lathe Turner in heavy engineering it has been brought to my attention that, from the very first day I left, an apprentice has been filling my old position every day. For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. To be entitled to a redundancy payout under the National Employment Standards, Targett says you must have been working with your employer on an ongoing basis for at least months.

If you do have to make redundancies you can. In simple terms, the employer makes a position redundant when its duties are no longer required to be done by anyone. Once the position is redundant , the person doing its duties may either be redeployed (given another job) or retrenched (lose their job and not be offered another). A redundancy situation may occur where the duties performed by an employee change so substantially that there is no longer any function or duty attached to the position.

But where is the line? The Federal Court of Australia recently considered this question on appeal, from the Federal Circuit Court. I would like to know what is the eligibility of employee whose position are made redundant while on the JobKeeper Payment Scheme.

By definition, a job is redundant when an employer no longer requires anyone to perform it. If a statute, awar enterprise agreement or employment contract covers the role, the redundancy is clear-cut. This could involve advising of what the selection criteria are, details of the positions available, information on who will be making the decision and a timeline for this process.

The position is different if the offer of new employment is made before the original employment has ende ie if the employee is given notice of redundancy but, before the employment ends, the employer offers them a new job. In these circumstances, continuity will be preserved if the new job starts no more than four weeks after the redundancy date. You may be thinking of the rule that, if an employer engages an employee within 6-months of redundancy, then any application by the Company for State payment of the applicable portion of statutory redundancy will be invalid. Generally, employees will have days from the date their position was made redundant (unless granted an extension of time by the Fair Work Commission) to lodge an unfair dismissal claim. Employees with a length of service of at least nine years but less than are entitled to a minimum of weeks’ redundancy pay,” she says.

The Fair Work website has a handy calculator where you can work out how many weeks’ redundancy pay you’re entitled to by answering a few questions about your employment. It can also tell you how much notice your employer should give you. When making the position of an employee or group of employees redundant , it is important that a business can show that the redundancy is genuine.

There is currently no Commonwealth statutory requirement in Australia to make a redundancy or severance payment. If your job is no longer required to be performed by anyone, then your position has become redundant. This is often due to changes in the organisational structure and operational requirements of the workplace.

Failure to offer redeployment to redundant employees can attract legal exposure for employers. The question of whether redeployment is reasonable depends on a range of circumstances. The obligation on an employer to consult with employees would arise in most redundancy situations. However, if an employee’s position was selected for redundancy purely on the basis that they did not get on with others in the team, and did not have the right personality fit, this would be a lawful reason - providing there are no other unlawful reasons also weighing on this decision. If you’re dismissed and directly replaced by a new employee this can’t be classified as redundancy.

You should be treated fairly by your employer, and there is a defined process to which an employer must adhere.