The Case Details
The worker, employed at a large company, was informed that their position was being made redundant. However, a month later, the same role was posted on the job site SEEK. The employee argued this indicated that their redundancy was not genuine.
Legal Implications
This situation raises questions about the legitimacy of redundancies. Employment law experts warn that advertising a redundant position shortly after an employee is let go could be seen as an unfair dismissal or misuse of the redundancy process. Employers are required to ensure that redundancies are genuine and not used as a pretext for terminating employees.
Employer Responsibilities
Experts advise that employers must be transparent and provide evidence that redundancies are genuine, particularly when the same role is subsequently advertised. This includes ensuring that the redundancy is not just a guise for dismissal due to performance or other non-redundancy-related reasons.
Conclusion
In this case, the worker’s claims highlight the importance of following proper redundancy procedures. Employers must carefully handle redundancies to avoid legal risks and ensure that terminations are genuinely necessary and not an attempt to dismiss employees under false pretenses.
Source
HR Leader