Dismissal and Redundancy – Getting It Right
Ending an employment relationship is one of the most challenging responsibilities for any employer. Whether it involves dismissal or redundancy, the process must be handled carefully to ensure compliance with the law and to minimise the risk of costly disputes.
At Parke Lawyers, our experienced workplace lawyers provide strategic, practical advice to help businesses manage these processes fairly, lawfully, and with reduced risk.
Dismissal
Terminating an employee is rarely straightforward. Even where there are legitimate grounds, the Fair Work Commission strictly enforces procedural fairness and minimum standards. If a dismissal is not handled correctly, disgruntled former employees may lodge an application for:
- Reinstatement of their role
- Compensation (up to 26 weeks’ pay)
- Other remedies, such as a written statement of service
A carefully managed dismissal process — including proper documentation, consultation, and compliance with legal requirements — can significantly reduce these risks. Seeking advice before acting ensures you meet your obligations and avoid unnecessary exposure.
Redundancy
A redundancy occurs when an employee’s job is no longer required to be performed by anyone. This is commonly associated with restructures, mergers, or efforts to improve efficiency and competitiveness. Redundancy entitlements may include:
- Statutory and contractual entitlements such as notice, accrued leave, and redundancy pay
- Non-salary rights, including bonuses, commissions, or share options
Sometimes redundancy occurs because duties are reallocated among existing staff or new technology changes the need for a role. To be lawful, redundancy must be genuine, and consultation requirements under modern awards or enterprise agreements must be met.
How Parke Lawyers Can Help
Our employment law team provides employers with:
- Guidance on lawful dismissal and redundancy processes
- Advice on entitlements, notice periods, and consultation obligations
- Representation before the Fair Work Commission in unfair dismissal or redundancy disputes
- Strategies to protect your business while treating employees with fairness and respect
Contact Parke Lawyers today for expert advice on managing dismissals and redundancies. We will help you handle these difficult processes with confidence, compliance, and care.
