[AU] Redundancies/Restructuring: Understanding your Employer Obligations in Australia | LegalVision

Whether your business is booming or struggling, the time may come when you need to restructure your team in order to reduce costs and increase efficiencies. Restructuring often results in roles being identified as no longer required.
If you are considering making roles redundant, it is crucial that you understand your legal obligations as an employer. To assist you, LegalVision hosted a free webinar on Redundancies and Restructuring: Understanding Your Employer Obligations. In this video, James True (Practice Group Leader) and Sophie Joselyn (Lawyer) explain:
+ the risks of terminating employment;
+ what is a genuine redundancy;
+ how to notify and consult with affected employees;
+ the communication process; and
+ issuing final pay.
0:00 - Intro.
1:33 - Summary of today's discussion.
2:24 - Reasons for redundancy.
4:13 - Risks on termination.
6:59 - Genuine redundancy.
8:00 - Job is no longer required due to operational changes
9:08 - Employer has complied with consultation obligations.
10:40 - It was not reasonable to redeploy the person.
11:35 - Recommended redundancy process.
15:36 - Entitlements to redundancy pay.
18:05 - Redundancy pay exclusions.
21:01 - Download Guide 'How to Hire and Inspire'.
22:27 - Q&A
22:40 - How do I pick which employees to select for redundancy?
24:47 - How are employee entitlements treated or dealt with if the structure involves establishing a new employer within a group and the employees are then employed by a different entity?
26:25 - In terms of the 15-employee mark what qualifies a small business? Is that 15 employees or 15 full-time equivalent employees? I have several casuals but under 15 full-time staff members.
28:08 - If an unfair dismissal claim was made and the employee was ultimately successful, can you give a rough idea of what the likely cost would be to the employer?
30:54 - Whether or not an employee can refuse redeployment and choose a Redundancy instead?
32:43 - Whether or not the replacement of an employment agreement that lowers the wages and responsibilities between the employee and the employer is considered a dismissal on account of redundancy?
34:26 - How does performance management manage someone if you can't use redundancy?
34:45 - Whether or not you can re-employ an employee that was made redundant and alongside that as well how long should you generally wait to actually re-employ for a position that's been made redundant?
37:16 - Whether or not one can just wait 21 days before they can make a claim for unfair dismissal?
37:45 - Become a LegalVision member.
38:46 - Request a complimentary consultation today.
39:14 - Webinar wrap up.
About James True
James is a Practice Group Leader in LegalVision’s Employment team. He advises across all areas of employment, including employment and independent contractor agreements, termination of employment (including redundancy and unlawful termination), employment disputes, investigations, modern awards, work health safety obligations and notifiable incidents.
About Sophie Joselyn
Sophie is a Lawyer in LegalVision’s Employment team. She advises across all the full spectrum of the employment cycle, from negotiating employment contracts, advising on performance and disciplinary processes and managing ill and injured employees, through to the end of the employment relationship, including negotiated separations, dismissals and restructuring.
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