What is a “sham” redundancy?

By: Carly Stebbing
Categories: Discrimination Support Services

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:

  1. Your job is still required to be performed;
  2. Your employer did not consult with you about the redundancy (where an award/enterprise agreement applies to you);
  3. Your employer made no attempt to redeploy you either with it or an associated entity;
  4. 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.

Resolution123 can help, you can take our eligibility questionnaire at www.resolution123.com.au/submit and visit our website at www.resolution123.com.au.

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.

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About Carly Stebbing
Carly is an entrepreneur and workplace rights advocate who founded Resolution123. Resolution123 uses technology to match employees that need quick, simple and affordable legal advice with experienced workplace lawyers

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