Workplace Restructuring and Redundancies
ChildCare HRS's experienced Employment Law specialists can provide expert advice in relation to the legal risks associated with restructuring a workplace, either in response to productivity issues or as a result of a ‘downsize’.
Restructuring a workplace may involve changing an employee’s position and legal advice should be sought before proceeding to minimise the risk of a potential claim if the position, or conditions of employment, are changed significantly. We can ensure that any changes made are compliant with workplace regulations and that they are implemented in the best possible way.
Similarly, we can advise on the best process to follow if you find yourself in the position of making an employee’s position redundant. Redundancy is best described as the situation where you no longer require an employee(s) to carry out work of a particular kind or to carry out work of a particular kind at the same location. Redundancy refers to a job becoming redundant and not an employee becoming redundant & thus why we have a certain process we can advise you on to follow to ensure your position here.
The obligation on you to consult with employees would arise in most redundancy situations. Failure to implement proper consultation procedure may result in a claim of unfair dismissal because, for example, the selection criteria used to identify which employee(s) were to be made redundant was subjective and discriminatory. The failure to notify and consult with an employee in accordance with the Award is considered by Fair Work to be a serious defect in the procedure. If the outcome of consultation is less predictable, the failure to consult over proposed changes could render the termination unfair.
ChildCare HRS can assist with ensuring it is a ‘genuine’ redundancy, therefore offering protection from unfair dismissal proceedings and minimising the risks to your business, as well as providing advice with regard to any redundancy payments that might apply.