Redundancy amongst working mums is unfortunately a common occurrence in today’s workforce. How can you tell if your redundancy was a sham?
A sham redundancy is where your employer dismisses your employment for redundancy but any of the following is true:
- Your job is still required to be performed;
- Your employer did not consult with you about the redundancy (where an award/enterprise agreement applies to you);
- Your employer made no attempt to redeploy you either with it or an associated entity;
- Your employer’s motivation for making you redundant was unlawful, e.g. you made a complaint about your employment or exercised a workplace right such as parental leave or requesting flexible work.
The fact that your employer pays you redundancy does not make it a genuine redundancy.
If you think your redundancy is a sham redundancy you may be eligible to make either an unfair dismissal or general protections claim.
The information provided by Resolution123 is not legal advice and is not a substitute for legal advice. You can get legal advice by submitting your claim to a Resolution123 panel lawyer and partnering with that lawyer to resolve your claim.