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Redundancy usually occurs when, through no fault of your own, the job you have been doing is no longer required to be done by anyone. Effectively, to be a genuine redundancy, your job must cease to exist.
Your job is made up of many things including, for example, your job title, your pay, your hours, where your job is located and your duties. Consider all of these factors together when you ask yourself whether your job has truly ceased to exist. Redundancy may occur for a number of reasons, for example:
Remember, it is the job that becomes redundant, not you.
There may be a consultation process that your employer is obligated to follow when implementing a redundancy. You should check to see whether any
requires your employer to consult with employees and/or the relevant union(s) before implementing a redundancy. If these provisions exist, you may be able to argue that they are legally enforceable obligations with which your employer must comply. A failure to comply with a required consultation process under a modern award or enterprise agreement may mean that you can make an unfair dismissal claim even where your job is no longer required to be done by anyone. You have 21 days from the date of your dismissal (retrenchment) to file an unfair dismissal claim at the Fair Work Commission (FWC).
More detailed information including redundancy entitlements, notice of termination, and more can be found in the attached fact sheet, which we recommend you download.