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Redundancy Lawyers — Was It Genuine? Know What You're Owed.
Not all redundancies are genuine. If your role was not truly redundant, the employer failed to consult, or a redeployment option was available — the redundancy may be challengeable as an unfair dismissal. Even where redundancy is genuine, many employees leave without their full redundancy pay, notice, and accrued entitlements. Get connected with an employment lawyer before the 21-day unfair dismissal deadline passes.
⚠ If you believe your redundancy was not genuine, an unfair dismissal claim must be lodged within 21 days of your last day of employment. Get advice before the window closes.
What We Help With
Redundancy — entitlements, genuine redundancy, and challenges.
Redundancy raises two distinct questions: did the employer follow the correct process, and were you paid everything you are entitled to? A lawyer checks both — and advises on whether the redundancy can be challenged.
Genuine Redundancy Assessment
Assessing whether your redundancy was genuine — including whether the role truly ceased, whether proper consultation occurred, and whether redeployment was available but not offered.
Redundancy Pay Entitlements
Calculating your correct redundancy pay under the National Employment Standards — based on your years of continuous service — and ensuring notice pay, annual leave, and long service leave are correctly paid out.
Failure to Consult
Most Modern Awards and Enterprise Agreements require employers to consult with employees about proposed redundancies before a decision is made. Skipping consultation can void the redundancy defence — making an otherwise genuine redundancy challengeable as an unfair dismissal.
Redeployment Not Offered
Where a suitable alternative position existed within the employer's business (or an associated entity) and the employer failed to offer it — the redundancy is not considered genuine under the Fair Work Act.
Selection for Redundancy
Where multiple employees were at risk and you were selected using criteria that discriminated against you (age, pregnancy, union membership, recent sick leave) — the selection may be challengeable as discriminatory or as adverse action.
Enhanced Redundancy Under Contract or Policy
Where your employment contract, Enterprise Agreement, or workplace policy provides for enhanced redundancy pay above the NES minimum — ensuring the employer pays the contractual entitlement, not just the statutory minimum.
What the Law Says
Redundancy law — the NES, genuine redundancy, and consultation requirements.
Redundancy entitlements under the Fair Work Act are governed by the National Employment Standards and the consultation provisions of applicable Modern Awards and Enterprise Agreements.
NES redundancy pay — the statutory minimum
The National Employment Standards set minimum redundancy pay based on continuous years of service — from 4 weeks' pay (1–2 years) up to 16 weeks' pay (9 or more years). This is a minimum — your contract or Enterprise Agreement may provide more. Redundancy pay is not payable by small businesses (fewer than 15 employees) unless the Modern Award or enterprise agreement provides for it. Calculating the correct amount requires identifying the correct base rate and checking whether any service deductions apply.
Genuine redundancy — the three-part test
A dismissal is a "genuine redundancy" under the Fair Work Act only if: (1) the employer no longer required the person's job to be done by anyone; (2) the employer complied with any applicable consultation obligations in a Modern Award or Enterprise Agreement; and (3) it was not reasonable in all the circumstances to redeploy the employee within the employer's business or an associated entity. If any of these three elements is not satisfied, the "genuine redundancy" defence does not apply and an unfair dismissal claim can proceed.
Consultation obligations — most employers overlook these
Most Modern Awards include a consultation clause requiring an employer, once a definite decision has been made to make a major workplace change, to notify and consult with affected employees before the decision is implemented. Genuine consultation means the employer has an open mind — not just informing employees of a decision already made. Failure to consult in accordance with the Award clause means the genuine redundancy defence is not available — even if the role truly was surplus.
Redeployment — what the employer must consider
Before making an employee redundant, the employer must consider whether there are any suitable alternative positions available — including within related companies in the same corporate group. "Suitable" means appropriate to the employee's skills and experience. The employer is not required to create a position — but if one exists and was not offered, the genuine redundancy defence fails. Positions advertised externally around the time of redundancy can be evidence that redeployment was available but not offered.
Notice pay and entitlements on redundancy
In addition to redundancy pay, employees are entitled to notice pay (or payment in lieu), accrued annual leave paid out at the applicable rate, any accrued long service leave (subject to state law), and any enhanced redundancy or ex gratia payment under contract or policy. Unpaid super must also be paid. It is common for employers to make errors in calculating notice (particularly in the base rate used) or to omit loadings that form part of the ordinary time earnings base.
Tax treatment of redundancy payments
Genuine redundancy payments up to the tax-free limit are exempt from income tax — the limit is indexed annually and increases with each year of service. Payment in excess of the tax-free amount is taxed at a concessional rate as an Employment Termination Payment (ETP). Notice pay and leave payments are generally taxed at the marginal rate. Understanding the tax treatment before negotiating an enhanced settlement figure is important — after-tax value is what matters, not the gross figure.
How It Works
One request. Find out if your redundancy was fair.
Tell us your industry, your years of service, and what process the employer followed. An employment lawyer will assess whether the redundancy was genuine and what you are owed.
Submit Your RequestDescribe your redundancy
Tell us your industry, years of service, when the redundancy took effect, what process was followed, what was paid, and your state.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in redundancy pay disputes, genuine redundancy challenges, and FWC unfair dismissal proceedings.
Free consultation arranged
An employment lawyer contacts you to assess whether the redundancy was genuine, calculate what you are owed, and advise on whether to challenge it.
Common Questions
Redundancy — frequently asked questions.
How much redundancy pay am I entitled to?
Under the NES, redundancy pay is based on continuous years of service — from 4 weeks' pay (1–2 years) to 16 weeks' pay (9+ years). Your contract or Enterprise Agreement may provide more. The base rate for redundancy is your ordinary time rate — not your average earnings including overtime. A lawyer calculates the correct amount using your actual base rate, checks whether any service periods should be included or excluded, and verifies that notice and leave payouts were correctly calculated on the same base.
My employer says my role still exists — they just restructured it. Can I challenge?
Yes — if the employer has kept the same role or substantially the same duties, but simply renamed or restructured the position, the "genuine redundancy" defence may not be available. Evidence of what the role looked like before and after the restructure — including job advertisements, position descriptions, and the duties being performed by whoever replaced you — is critical to a challenge. A lawyer assesses whether the redundancy was a genuine elimination of the role or a rebranded dismissal.
I was not consulted about my redundancy at all — does that matter?
Yes — significantly. If your employment was covered by a Modern Award or Enterprise Agreement with a consultation clause, failure to consult before implementing the redundancy means the "genuine redundancy" exception is not available. This means your dismissal can be challenged as unfair dismissal regardless of whether the role was actually surplus — provided you meet the minimum employment period and the 21-day deadline. A lawyer checks whether a consultation clause applied to your employment.