Do you have to accept a redeployment?
Do you have to accept a redeployment?
If changes are being made to your role, your job may be redundant. However, if your employer is offering you redeployment and you don’t accept it, it may impact the amount of redundancy pay (if any) you receive from your employer.
How do I prove non genuine redundancy?
A dismissal is not a genuine redundancy if the employer:
- still needs the employee’s job to be done by someone (for example, hires someone else to do the job)
- has not followed relevant requirements to consult with the employees about the redundancy under an award or registered agreement or.
How long after a position is made redundant can it be reinstated Australia?
There is no statutory or recommended time limit when rehiring after a redundancy. However, there are some matters that employers will need to consider before deciding to re-engage an employee whose employment was terminated due to redundancy or advertise the same position.
What is genuine redundancy?
A genuine redundancy payment is a payment made to you as an employee if your job is abolished and you no longer have a job. This means your employer has made a decision that your job no longer exists, and your employment is to be terminated.
Can I refuse redeployment Australia?
An employee may decline an offer of redeployment where the new role is on substantially less favourable terms than their current role. However, provided there are no other suitable redeployment opportunities available, the employer will have complied with its redeployment obligations in making the offer.
What is a sham redundancy?
A sham redundancy is where your employer dismisses your employment for redundancy but any of the following is true: your job is still required to be performed; your employer did not consult with you about the redundancy (where an award/enterprise agreement applies to you);
Can you make someone redundant if their job still exists?
Although there are many reasons for legitimate redundancy, it’s illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you’ve been made redundant, seek professional advice immediately.
Is it illegal to make someone redundant and then replace them?
Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.
What constitutes unfair redundancy?
Unfair dismissal occurs when your employer hasn’t followed a fair redundancy process. Employers should always speak to you directly about why you’ve been selected, and look at any alternatives to redundancy. If this hasn’t happened, you might have been unfairly dismissed.
Can you refuse to do something that is not in your job description?
So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties. Let me offer more detail.
Can a company force you to take a different position?
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.