Running a genuine redundancy process for a single role
A single-role redundancy is deceptively complex. Without clear evidence of the operational reason, consultation, and redeployment search, the dismissal will not be a genuine redundancy under s 389 and can ground an unfair dismissal claim.
This is an 8-step workflow for running a genuine redundancy process for a single role under the Fair Work Act 2009 (Cth), satisfying the s 389 definition and minimising unfair dismissal exposure.
Before you start
- Business reason for removing the role documented
- Current position description and industrial instruments identified
- Consultation obligations under the applicable award confirmed
- Accurate entitlements calculation available
The workflow
Confirm operational rationale
Confirm the role is no longer required because of operational changes, not employee performance. Document the business case before notifying the employee.
Check consultation obligations
Check the consultation clause in the applicable award or enterprise agreement. Single-role changes can still attract consultation obligations.
Hold a consultation meeting
Hold a consultation meeting with the employee, provide written information about the proposed change, and invite their feedback and any alternatives.
Consider feedback and redeployment
Genuinely consider the employee's feedback, including any proposals for redeployment within the employer and associated entities.
Document the decision
Document the decision — including any changes made based on feedback, the confirmed organisational change, and the reasons redeployment was not available.
Calculate entitlements
Calculate notice under s 117, redundancy pay under s 119, accrued annual and long service leave, and any contractual entitlements.
Issue termination letter
Issue a written termination letter referencing the consultation process, the decision, final payment details, and outplacement support.
Retain the evidence pack
Retain the evidence pack — business case, consultation records, redeployment search, and calculations — to defend any subsequent unfair dismissal claim.
What you will have at the end
A lawful redundancy supported by a complete evidence pack that satisfies the s 389 definition of genuine redundancy and limits unfair dismissal exposure.
Common issues
- Skipping consultation where the award requires it
- No documentation of the redeployment search
- Conflating performance issues with redundancy
- Miscalculating redundancy pay under the NES
- Issuing the termination letter before consultation is complete
Run this workflow on a real matter
Quillio drafts the consultation pack, decision memo, and termination letter, and checks entitlements against the NES and award. See /practice-areas/employment-lawyers or start a free trial.
This workflow is a general guide. Adapt to the industrial instruments and internal policy framework.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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