Business restructuring is a convenient tactic for some employers who are looking to reduce labour costs. Redundancies are common in the process of conducting structural changes, and the section process for determining who is made redundant can be unlawful if proper process and procedure is not followed.
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Where there has been a change in ‘operational requirements’, and your job is no longer required to be performed, your position becomes redundant. A change in operations requirements include circumstance in which a machine is available to do the job that was performed by you.
I have received a first and final warning, aren’t I meant to get three warnings before my employer can dismiss me?
What is the purpose of a warning?
The purpose of a warning is to inform an employee that his or her work performance or conduct is unsatisfactory and the performance or conduct in issue needs to improve.
However, there is no requirement for an employer to provide an employee with three warnings, or even one warning before terminating their employment.
Redundancy occurs when, through no fault of your own, your job is longer required to be done by anyone. Effectively, your job ceases to exist.
I have been dismissed by my employer and have a strict restraint of trade clause. Does this clause still apply?
A restraint of trade clause will only apply to you if your employer can establish that it is ‘reasonable’. For the restraint to be ‘reasonable’ your employer must show that the restraint of trade clause is reasonably necessary to protect a legitimate interest of the employer’s business.
I am currently completing an apprenticeship – do I have rights to lodge a claim with the Fair Work Commission?
Apprentices may make an application at the Fair Work Commission (the Commission) with respect to unfair dismissals; general protections disputes (including unlawful termination disputes); and bullying stop orders.
I am on WorkCover and my employer has proposed to transfer me to another position with reduced responsibilities and pay. What can I do?
If your employer attempts to alter your role without genuine reason it could be a breach of section 340 of the Fair Work Act 2009 (Cth) insofar as your employer has taken adverse action for a prohibited reason.
It is common to interact with work colleagues on social media, but these interactions are not always friendly. If you are being bullied or harassed on social media by your colleagues, you may be entitled to lodge a stop bullying claim with The Fair Work Commission, under the Fair Work Act 2009 (Cth).
I have been placed on a PIP and have been given unachievable targets. I feel like I have been set up to fail. What are my rights?
Performance Improvement Plans and the Fair Work Act 2009 (Cth):
Occasionally employees find themselves in a situation whereby their employer places them on a Performance Improvement Plan or PIP. While the Fair Work Act 2009 (Cth) does not provide for PIP’s directly, you may be protected in the event of an unfair dismissal, and other workplace rights such as making a complaint or inquiry in relation to your employment.
Whether you will be classified as a casual employee will be determined by assessing the true nature of your employment relationship.
I have left a well-paying job for a new role, but am now being made redundant. Do I have any legal recourse?
Even when a redundancy can be proved to be genuine, there may still be legal recourse in circumstances where your employer engaged in misleading and deceptive conduct.