s 389
In forceMeaning of genuine redundancy
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-2Unfair dismissal
Division 3What is an unfair dismissal
389 Meaning of genuine redundancy
(1)
A person’s dismissal was a case of genuine redundancy if:
(a)
the person’s employer no longer required the person’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise; and
(b)
the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy.
(2)
A person’s dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within:
(a)
the employer’s enterprise; or
(b)
the enterprise of an associated entity of the employer.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.