Redundancies genuine and inevitable despite casual offer. Top tips, provided by pcc, provide professionally delivered, supportive and most importantly, successful career change and redeployment assistance to private clients from all sectors of industry. Redundancy and redeployment policy 6 the head of service will also inform employees that they are being placed on the redeployment register from the date of the meeting and that the period of redeployment will run concurrently with their respective notice periods. Redundancy and redeployment requirements the australian. A persons dismissal will not be a case of genuine redundancy if it would have been reasonable. Redeploy employees outplacement career consultants. How to check whether your redundancy is fair and what to do if you think youve.
An unfair dismissal application cannot be made if the dismissal was a case of genuine redundancy. An employer has a legal obligation to look for suitable alternative employment sae for staff at risk of redundancy, however, the. If a business is considering redundancy of 15 or more staff, employers must give written notification to the department of human services of the proposed dismissals. Members of staff who require certificates of sponsorship and visas to work in the uk cannot be offered redeployment as the university is not then able to meet the market test as required by the uk borders agency. Under the fair work act 2009, a dismissal will not be regarded as relevantly unfair if, inter alia, the dismissal was a case of genuine redundancy sec 385. The fair work commission has confirmed that an employers obligation to offer redeployment opportunities to employees does not necessarily extend to similar roles performed for the business by contractors. The essential ingredients for a genuine redundancy are. Redundancy and redeployment guide for australian employers. Redeployment is one of a few landmark books that should first be read by anyone eager to offer up an uneducated opinion about the u. An employee may still be genuinely made redundant when there are.
The redeployment list and the redeployment process an incumbent on the redeployment list is defined as a likely candidate for a vacant post if the vacant post is in the same payclass as the incumbent, or is one or two payclasses above andor below the payclass of the incumbent. In many instances, redeployment will not be an available option. Human resources role in process during credit crunch khan, suhel on. Reoganisation, redundancy and redeployment questions and. Redeployment and redundancy public sector commission. Redundancy the latest hr news, analysis and guidance.
A redundancy must relate to a role and not a person. Roy was employed as a senior designer mechanical in the brisbane office of snclavalin australia snc. Redundancy pay and entitlements fair work ombudsman. They set out the key principles of case law on topics including. Under subsec 389 2 a persons dismissal is not capable of being a case of genuine redundancy if it. A recent decision of the fair work commission fwc has indicated the extent to which an employer must consider redeployment, particularly in the context of international operations. Interwoven with themes of brutality and faith, guilt and fear, helplessness and survival, the characters in these stories struggle to make meaning out of chaos.
Issues do arise in relation to redeployment where an employee may. Unfair dismissal cases samesex marriage stance lands worker in church bad books. If the employee is unable for some reason to continue in the redeployed post, one further redeployment option will be considered. Employees who accept an offer of redeployment will be allowed a trial period of four weeks. What is my right to redeployment when being made redundant. Redundancy and reasonable redeployment options fair work. The redeployment obligation requires an employer to actually transfer the employee rather than simply assist the employee to. Samesex marriage stance lands worker in church bad books. If your dismissal was a case of genuine redundancy you may be entitled to. Do i have to accept a redundancy if the redeployment. Human resources role in process during credit crunch. For redeployment to be reasonable, the employee must have the requisite skills and competence to perform the vacant role.
We are still living and working in very uncertain times. The university takes seriously its obligations, both legal and moral, to seek redeployment for staff finding themselves unable to continue in their present job due to a medical condition or disability. What are the redeployment obligations of employers. Redundancy pay redundancy pay is conditional upon ncgs ability to pay the statutory minimum. Some awards place an obligation on employers to consult with employees where there is a. Guidelines redundancy and redeployment for academic.
Casual employees, fixed term employees and contractors are not entitled to redundancy payments unless. Exmarine phil klay presents us with a dozen short stories about soldiers lives on the battlefield and back home. Aug 05, 2014 the fair work commission has confirmed that an employers obligation to offer redeployment opportunities to employees does not necessarily extend to similar roles performed for the business by contractors. So, before i found out i was pregnant, i had been offered a redeployment option, which wasnt the best, and because of a few in the grand scheme of things, insignificant factors it wouldnt have been reasonable, so i was leaning towards redundancy.
For those employees who have redundancy and redeployment entitlements set out in their contract of employment, enterprise agreement or under legislation, where it differs from this policy the more favourable entitlement but not both will apply. We can typically turn this work around within 1 to 3 business days. Scope and application this ci applies to all employing authorities and employees under the psma. Jul 30, 2016 section 3892 of the fair work act 2009 cth act states that a redundancy is not genuine if it would have been reasonable in all the circumstances for the person to be redeployed within the employers enterprise or the enterprise of an associated entity of the employer. Where there has been a reorganisation or redistribution of duties, the question is whether the employee has any duties left to discharge. Redeployment to another job may be undertaken in order to avoid dismissal due to redundancy. Redeployment is when a company seeks to find current employees another position within the company thereby avoiding redundancy. These are some of the harsh measures adhere to by the organisations to get rid of excess of. Reoganisation, redundancy and redeployment questions and answers.
This redeployment obligation is important for employers in order to avoid a redundancy being found to be an unfair dismissal. Now with the pregnancy though, i have no idea what to do. Section 3892 of the fair work act 2009 cth act states that a redundancy is not genuine if it would have been reasonable in all the circumstances for the person to be redeployed within the employers enterprise or the enterprise. Redundancy and an employers redeployment obligations. Redeployment definition in the cambridge english dictionary. This redeployment obligation exists for all redundancies, regardless of whether a. A workplace lawyer will discuss redundancyrelated disputes and rulings during the. Further, if an employer imposes a redundancy on an employee where appropriate redeployment options exist due to a prohibited reason such as the exercise of a workplace right, family responsibilities or race, this may also give rise to a successful general protections claims with the fair work commission. The employer will establish transferrable skills within each employee and then liaise with the recruiting manager within another part of the business to establish a case for redeployment of people. Best human resources practices for redundancy and redeployment during the economic crisis. Council njc agreement, the green book, the scottish joint council sjc or the.
Redeployment enables the organisation to retain skills and to create a flexible workforce. With the impact of brexit still not fully known, talk of negative interest rates for business current accounts and some predictions of recession, it is not clear exactly when our economy will be entirely stable. Redundancy and redeployment what are your obligations. The business must show valid reasons for the role to be made redundant. Redeployment is the appointment of a member of staff at risk of redundancy, to a position which may be different in terms and conditions to the current post. Brian roy v snclavalin australia pty ltd 20 fwc 7309. For more information, check the application to vary redundancy pay form on the fair work commission website.
Redeployment refers to the transferring of an employee from one job to a broadly comparable job to ensure continuity of employment. The commissions benchbooks are plain language guides to the fair work legislation. An offer of casual employment was taken up by other redundant employees, but. Under subsec 389 2 a persons dismissal is not capable of being a case of genuine redundancy if it would have been reasonable in all th. The fair work act s3892 contains a provision that an employer cannot rely on the genuine redundancy provisions in order to avoid a claim of unfair dismissal unless it would have been unreasonable in all the circumstances for the employee to be redeployed within the employers enterprise. Unfair dismissal versus redundancy money advice service. Oct 09, 20 in relying on section 3892 of the fair work act 2009 the act, roy claimed that the employer did not take steps to consider whether it was viable to redeploy the affected employees. This policy applies to all members of staff who have at least 24 months continuous service. Hr07 policy descriptor this policy sets out the trusts approach to redeployment and redundancy and reaffirms the trusts commitment to redeploying staff where at all possible.
Planning for redeployment, redundancy and retrenchment. While the meaning of the term redeployment is not defined in the fair work act, it is not sufficient for an employer to find another job within the organisation to avoid the payment of redundancy pay, unless the employee accepts the new terms of employment. Ei no 14 redeployment and redundancy procedures page 1 1. References when making redeployment and redundancy employment decisions and exercising employment. The redeployment obligation requires an employer to actually transfer the employee rather than simply assist the employee to find an alternative position. Whether a job is suitable alternative employment depends on several things including. Our termination of employment letter redundancy template docx 48. Redeployment meaning in the cambridge english dictionary. Further details regarding redeployment are outlined in point 17. If your employer is making you redundant, where possible they should try to offer you suitable alternative employment within their organisation or an associated company. The commission must find on the balance of probabilities that there was a job, position or other work within the employers enterprise or that of an associated entity to which it would have been reasonable in all the circumstances to redeploy the dismissed employee in order to find that an otherwise genuine redundancy was not genuine by virtue. Redundancy and redeployment university of auckland. On that basis, roy argued that there had been no genuine redundancy for the purpose of the act and his dismissal should be regarded as unfair.
Redeployment of staff for reasons other than redundancy. Redeployment can be broadly defined as the transfer of an employee to another job within the same organisation or an associated entity. Redeployment by phil klay in his short story collection, former marine phil klay takes his experience in iraq and clarifies it, lucidly tracing the moral, political and psychological. Redeployment unfair dismissals benchbook fair work commission. The guidelines for dealing with redundancy and redeployment identify the guiding principles and approach that will be adopted by the university when faced with possible redundancies. The benchbooks contain information on how the legislation and case law have been applied in commission decisions. A dismissal may also be a normal ie not automatically unfair dismissal if there is. Redundancy and redeployment procedure academic staff.
Do i have to accept a redundancy if the redeployment options. Job no longer required due to changes in operational requirements. Redeployment policy and procedure durham university. Enquiries are welcome and treated in the strictest confidence. Any legitimate redundancy must comply with the genuine redundancy terms under section 389 of thefair work act 2009. This trial period will be extended on a shortterm basis by mutual agreement if deemed necessary up to a maximum of 3 months. If an employer wishes to rely on the genuine redundancy exclusion in section 389 of the act, then it would ordinarily be expected to adduce evidence, on the question of redeployment, as to whether there was a job or a position or other work within the employers enterprise or that of. Under the fair work act an employer can seek a determination by the fair work commission to reduce the amount of redundancy pay that would otherwise be payable, if they have obtained other acceptable employment for the employee. Consultation obligations unfair dismissals benchbook.
Ncg pays an individual redundancy payment on the termination of employment due to redundancy. Aug 11, 2016 assessing for redundancy or redeployment top tips. All members of staff who have been provisionally selected for redundancy may choose to be entered on to the universitys redeployment register. This redeployment obligation exists for all redundancies, regardless of. An employer can apply to the fair work commission to have the amount of redundancy they have to pay reduced if. Details specific to particular reorganisations or staff groups may be added.
Only where an employee unreasonably refuses an offer of suitable alternative employment will redundancy pay be withheld. This is likely to occur as a result of redundancy, but that is not always the case. However, in order to minimise any exposure to allegations that the redundancy is not genuine and amounts to unfair dismissal, the possibility of redeployment should not be ignored. Phil klays redeployment takes readers to the frontlines of the wars in iraq and afghanistan, asking us to understand what happened there, and what happened to the soldiers who returned. Redeployment offer on lower pay was reasonable, dismissal claim fails. Public sector management redeployment and redundancy regulations 2014 the regulations. Looking at the future surplus of human resources the organisations have to prepare action plan for redeployment, redundancy and retrenchment. The fair work commission has awarded a manager compensation for unfair. Read this article to learn about measures and plan in planning for redeployment, redundancy and retrenchment. It is not sufficient for the employer to find another job, such as a lowerlevel or lowerpaid one, in the organisation for an employee in danger of retrenchment, unless the employee agrees to accept it. This article discusses what redeployment is and what you and your employer should be doing during the redeployment period.
The concept of acceptable employment may also be considered in relation to redundancy pay. The requirements for a genuine redundancy section 389 of the fair work act 2009 cth the act requires an employer to offer an employee whose original role has been made redundant reasonable redeployment opportunities within the employers enterprise or the enterprise of an associated entity. However, employers must still be able to justify such a. Overall, redeployment of her into one of the new jobs would have been. Redundancy and redeployment laws fair work legal advice.1232 785 838 972 1136 450 1544 732 1551 1483 1020 1100 544 684 809 623 100 1098 999 1295 451 135 106 495 203 1016 1079 536 983 1539 60 616 918 813 1113 550 654 295 413 68 349 503