Assessing employees for redundancy on the basis of "subjective" selection criteria requires extra care to avoid adverse action and other claims, warns Freehills senior associate Natalie Spark.
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If your organisation needed to make redundancies, would the process be smooth, dispute-free, and minimise the impact on employees? In this presentation, Freehills senior associate Natalie Spark covers:
genuine redundancy criteria;
employee entitlements;
consultation and redeployment obligations;
unfair dismissal, discrimination and adverse action risks;
How many roles do you need to offer an employee, to satisfy the Fair Work Act's redeployment obligations? When should you consult with employees about your redundancy process? Are you obligated to offer redeployment in another state? Hear the answers to these questions and more in this Q&A recording for HR Daily Premium subscribers.
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It's vital for any employer planning redundancies to develop its own selection criteria, says Freehills senior associate Natalie Spark. In this article she explains the "tips and traps" associated with the process.
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Organisations that are considering making redundancies must plan carefully, "being mindful of their competing obligations", to minimise the potential impact on employees and the business, says employment lawyer Natalie Spark.
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Employers considering shedding staff in reaction to economic uncertainty must ensure they have updated their redundancy processes, says employment lawyer Lisa Berton.
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Inviting an employee who is being retrenched to apply for another position does not constitute redeployment, and could mean the employer fails the Fair Work Act's "genuine redundancy" test, Kemp Strang lawyers told a recent breakfast briefing in Sydney.
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Now that the Fair Work Act's redeployment requirements have taken effect, even seemingly "unpalatable" redeployment options should be offered to employees, says Kemp Strang employment lawyer Lisa Berton.
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Employers that retrench workers without ensuring their financial wellbeing run the risk of damaging their brands - and facing litigation, says ipac corporate consultant Nola Rihani.
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Employers that offer voluntary redundancies when forced to downsize are at risk of losing invaluable knowledge and experience and having their best talent turn into competition.
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This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.