VIC Is Being Replaced by Employer's Wife a Genuine Redundancy?

[judem64]

My employer, who runs a small business employing 5 people in the retail industry, recently married and his new wife will do my job in the business for no wages. Is this a genuine redundancy?

 

[Matthew Lynch]

No. A genuine redundancy must be where the position is no longer required. It is not linked to whether someone else is willing to do the job for free (which is illegal except in very limited circumstances such as volunteers).

Also were you consulted about this redundancy prior to it occurring? If not then even if there is a business reason for the redundancy it could be unfair due to lack of consultation procedure. This will depend on your industry.

I would say you have been unfairly dismissed and you should make a claim. You have 21 days from the date of the dismissal to do so.

Let me know if you would like help with the application - Matthew Lynch, Bondi Junction Lawyer: Book Online | LawTap

 

[Sophea]

Yes, a genuine redundancy is not a genuine one if:

• your job still needs to be done by someone - i.e.e someone else is hired to do it.
• the employer has not followed requirements to consult with employees about redundancy under an award or registered agreement. or
• the employer could reasonably have given the employee another job within the business or entity.

Check out the Fair Work Ombudsman website Redundancy - Fair Work Ombudsman