Here are three possible scenarios:
You are a business owner and want to make an employee redundant or terminate them. You think that by making them redundant you will reduce the risk of a claim arising against you because you can say they were not terminated but rather made redundant. Will this work? Likely no. The fact you are thinking of a termination suggests that this particular employee is an employee you no longer want in the business for reasons unrelated to the fact their position is no longer required.
By making them redundant in such circumstances you have probably increased your risk of a claim as the employee will be able to establish they were not genuinely made redundant and therefore their termination was harsh, unjust or unreasonable.
What you should have one is obtained our advice before making the decision. We could have guided you through the decision making process and assisted you in making the best decision possible.
You are an employee. You have just been made redundant. You are not sure if you have been paid your redundancy pay correctly and you question if you are genuinely redundant.
Yes we do act for employees as well. We know how the redundancy laws should be applied. We can quickly assist you to determine if you have a good case for an unfair dismissal application as you are still entitled to apply if you have not been made genuinely redundant.
You are an employer. You have just received an unfair dismissal application across your desk claiming the employee was unfairly dismissed despite the fact you made them redundant.
We love acting for business owners in these situations. We understand the challenges of business and in particular making employment related decisions. We will assist you with your reply, conferences and final hearing if required. We are very capable of advocating your position that this is a case of genuine redundancy.
Contact us today to arrange a consultation with our experienced Townsville Employment Lawyers.