What is a genuine redundancy?

What is a non-genuine redundancy?

In addition to dismissals deemed to be harsh, unjust or unreasonable, there is a further category of dismissals which may be considered to be unfair dismissals by the fair work commission.

This category is known as ‘nongenuine redundancies’, which occur where an employee is ‘made redundant’ in circumstances where a genuine redundancy does not exist on the facts. A redundancy is only genuine if the following three factors exist:

• The employer no longer requires the employee’s job to be performed at all due to operational changes

• The employer complied with any redundancy provisions in the relevant modern award or enterprise agreement

• It was impossible to re-deploy the employee into another job within the employer’s business or an associated entity

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