Unfair dismissal finding for alleged redundancy

AN alleged redundancy of a sales and marketing employee has been found by the New South Wales Industrial Relations Commission to not meet the basic requirements of a genuine redundancy.

The commission identified seven obligations on an employer when it is considering making an employee redundant. These are:

p Give reasonable notice of the redundancy to employees and/or their unions;

p Adequately consult with employees and/or their unions on the impact of the proposed changes;

p Explore genuine alternative options as opposed to redundancy, such as redeployment or relocation;

p Ensure such options are fairly offered to the affected employees;

p Provide reasonable standards of redundancy benefits;

p Provide appropriate ancillary services, such as time off to seek other employment, retraining opportunities, outplacement services or financial planning; and

p Ensure employees nominated for redundancy are fairly selected on an objective and unbiased basis.

The commission held in this case that it was unnecessary to decide whether the dismissal was a bona fide redundancy as the employee was not consulted about her redundancy, was given no notice of redundancy and no alternatives were considered by the employer.

As reinstatement was found to be impractical, compensation of 12 weeks pay was ordered.

Carla Paratore, solicitor

9288 6940

Joshua Preston, senior associate

9288 6949