Redundancy Advice
& Representation

Redundancy is one of the most misunderstood concepts in Australian employment law — and one of the most commonly misused. A genuine redundancy provides employees with specific entitlements and protects employers from unfair dismissal claims. A sham redundancy — used as a cover to remove an unwanted employee — is a serious legal wrong. Whether you are questioning the legitimacy of your redundancy or an employer needing to restructure lawfully, Atlas Lawyers Employment provides clear, practical advice at every stage.

Three Requirements for a Genuine Redundancy

Under the Fair Work Act, a redundancy is only "genuine" if: (1) the job is no longer required to be performed by anyone; (2) the employer has complied with all consultation obligations; and (3) it was not reasonable to redeploy the employee. All three elements must be present.

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Your Rights

Redundancy Entitlements (NES)

Redundancy pay based on years of continuous service
Notice or payment in lieu of notice
Accrued annual leave and long service leave paid out
Superannuation on all termination payments
Any enhanced entitlements under an applicable Award or enterprise agreement

Warning Signs

Red Flags — Your Redundancy May Not Be Genuine

Your role has been advertised or filled shortly after your departure
You were not consulted before the decision was finalised
There was a suitable alternative role you were not offered
The redundancy followed a complaint or grievance you had raised
Only you were selected from among employees in similar roles

Our Process

How We Help in Redundancy Situations

Assess Genuineness

We analyse the redundancy against the Fair Work Act's three-part test to determine whether it is genuine or challengeable as an unfair dismissal.

Calculate All Entitlements

We calculate every payment owed — redundancy pay, notice, leave, and any additional entitlements under your Award, agreement, or contract.

Review Before You Sign

Before you sign any separation agreement or deed of release, we review it carefully to ensure your rights are protected and the terms are fair.

Challenge or Negotiate

Where the redundancy is not genuine, we challenge it as an unfair dismissal or adverse action claim. Where it is genuine, we negotiate the best possible exit terms.

Facing a Redundancy?

Don't sign anything until you've spoken with us. Contact Atlas Lawyers Employment today for clear advice on your entitlements and options.