A redundancy can occur when an employer no longer wants the job the employee is doing to be done by anyone and that the employee cannot be redeployed to another job within the business. Redundancy can occur for a number of reasons, for example:

• a downturn in production, sales, or the economy generally
• the introduction of new technology
• business relocation
• the business merges with another business, or is sold, or
• an internal company restructure occurs.

If a dismissal is a genuine redundancy it will not be considered an .

The National Employment Standards provide for severance pay in certain circumstances based on an employee's length of service. Notice of termination must be:

• provided in writing, and
• delivered personally to the employee, or
• left at the employee's last known address, or
• sent by pre-paid post to the employee's last known address.

Whilst the majority of employees who are made redundant will be eligible for notice of termination and severance or redundancy pay, there are certain circumstances where notice of termination is not required, such as where the employee:

• was employed for a specified period of time, a specific task or for a specific season;
• was terminated for serious or wilful misconduct;
• is a casual;
• is subject to a training arrangement and whose employment is for a specified period of time or limited to the duration of the training arrangement, except in the case of apprentices;
• was a daily hire employee in the construction industry; or
• was a weekly hire employee working in the meat industry whose employment was determined by seasonal factors.

Redundancy pay is generally not payable if:

• the employee has less than 12 months of continuous service;
• the employee was employed for a specified period of time, a specific task or for a specific season;
• the employee was terminated for serious or wilful conduct;
• the employee is casual;
• the employment is subject to a training arrangement for a specified period of time or limited to the duration of the training arrangement;
• the employee is an apprentice;
• the relevant modern award or enterprise agreement provides for an industry-specific redundancy scheme; or
• the employee's award provides for other situation in which redundancy is not payable.

If your employment has been terminated due to a redundancy, or you are am employer who is looking at making one or more staff members redundant, then we can provide you with advice to assist you in the process, including advice about the length of notice and amount of severance pay required.

If you have been dismissed and you believe it was not a redundancy, you may be eligible to lodge a claim for . If you believe that you have been unfairly dismissed, you must act immediately to be eligible to enforce your rights.