A ‘genuine’ redundancy occurs when an employer no longer requires the employer’s job to be performed due to operational requirements, and the employer has complied with any obligation imposed by an applicable modern award or enterprise agreement. 

A redundancy cannot be used to replace an employee and, if this occurs, it could be argued that the employee was dismissed rather than made redundant. 

If you’re facing a redundancy, or you are considering making a position redundant within your company, Kelly Legal can offer further advice. Please don’t hesitate to contact the team on 4911 0500 to gain further advice.