NSW Redundancy - Employer Notified Me That I May Be Made Redundant

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

LilyS

Member
30 October 2014
1
0
1
I was given a letter last Friday which states that my role might be made redundant. Yesterday there was a consultation to show me the various job openings within the company. I indicated that my skills and experience do not meet the essential criteria for certain positions. I was then advised that this Friday I will be told if my position is made redundant or not.
My question: is it perfectly legal under employment law for a company to advise an employee his/her position might be made redundant, as a result place that employee under extreme stress and anxiety, and then decide there will not be a redundancy?
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
306
95
789
Ballarat, Victoria
I was given a letter last Friday which states that my role might be made redundant. Yesterday there was a consultation to show me the various job openings within the company. I indicated that my skills and experience do not meet the essential criteria for certain positions. I was then advised that this Friday I will be told if my position is made redundant or not.
My question: is it perfectly legal for a company to advise an employee his/her position might be made redundant, as a result place that employee under extreme stress and anxiety, and then decided not to make the role redundant?

Hi Lily,

Yes what they seem to be doing seems legitimate. Consultation as to the effects of the possible redundancy and as to possible redeployment options for you is something that generally an employer has to do to make any subsequent redundancy genuine as required by the Fair Work Act.

Paul.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,197
969
2,894
And is often better than being given no notice. It gives you time to prepare and think about what you need to do and start applying for new jobs.

It is hard being made redundant, especially if you like the job however see it as a positive they are doing the right thing.