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Your risk and exposure to an unfair dismissal claim depends on whether the employee in questionhas any relevant information that could lead to his/her avoiding retrenchment. This may include ideas about redeployment or clarifying some misconception regarding their selection for redundancy. For more detailed information of if you need any assistance with this matter, please contact glenn duker lawyer and solicitor a specialist you can rely on at: http://glennduker.com.au/

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Why meeting your obligation to consult employees about redundancy is imperative with glenn duker

Why Meeting your Obligation to

Consult Employees about Redundancy

is Imperative with Glenn Duker

Did you know that as an employer, you may have an obligation to consult employees

about redundancies? in fact, all enterprise agreements and modern awards contain a clause

that requires you to inform your staff before any major workplace changes that are likely

to affect them are implemented. This will, of course, include redundancies.

This obligation can arise under employment contracts, enterprise agreements or modern

awards. If you fail to meet your requirement to consult, you may be putting yourself at

serious legal risks.

It is not considered a genuine redundancy if you fail to consult with your employee prior

to his/her retrenchment, therefore the genuine redundancy exemption will not apply. This

poses as a problem for you, as the retrenched employee will be eligible to apply to the fair

work commission for a solution in regards to their alleged unfair dismissal.

This can be avoided with smart advice from a lawyer or solicitor like glenn duker and a

different outcome can be reached if you comply with the consultation obligations. For

example, if you had consulted with your employee and have made them redundant due to

operational requirements in the same timeframe, the fair work commission is unlikely to

rule that the dismissal was harsh, unfair or unreasonable.

Your risk and exposure to an unfair dismissal claim depends on whether the employee in

questionhas any relevant information that could lead to his/her avoiding retrenchment.

This may include ideas about redeployment or clarifying some misconception regarding

their selection for redundancy.

For more detailed information of if you need any assistance with this matter, please

contact glenn duker lawyer and solicitor a specialist you can rely on at:

http://glennduker.com.au/


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