20 February Redundancy roadmap: What if there's not enough work? February 20, 2019 By Reef Admin Temination of employment 0 As the property market continues to slow, many agencies are facing tough decisions when it comes to their employees. What can you do when there's no longer enough work to go around? Is redundancy an option? A genuine redundancy occurs when an employer decides they no longer require a particular job to be done – not just by the person currently in the position, but also by anyone else in the future. A redundancy must be genuine and can’t be based on performance issues. Where it’s based on performance, the risk of litigation increases substantially. What to do There are award obligations requiring an employer to consult with employees when considering redundancies. This consultation must occur prior to any decision being made about redundancies. Consultation involves meeting with all employees who may be affected by any proposed redundancies. At the meeting, employers should discuss: The changes being considered or proposed The key reasons for any proposed changes The effect any proposed changes may have on employees’ positions The measures to be put in place to avert or mitigate any adverse effects of the changes Any suggestions employees wish to offer Any matters raised by employees. After the meeting and once a decision is made to make one or more positions redundant, employers must have a one-on-one consultation meeting with each employee whose position is being made redundant. This obligation to consult applies to all employers, big or small. Redundancy pay Employers with 15 or more employees are required by the Fair Work Act 2009 to pay redundancy pay when making a full-time or part-time position redundant. Employers with less than 15 employees are not required to pay redundancy pay. An employee who is being made redundant must be provided with: Notice or pay in lieu of notice AND Outstanding annual leave entitlements AND Long service leave (where applicable). Employers should always seek advice about their redundancy pay obligations, particularly if: they employ any casual staff have any associated or related companies, or if the employee concerned formerly worked for an associated company of the employer they transferred from another employer (for example, through a business acquisition, merger, insourcing or outsourcing arrangement). Call REEF If you’re considering redundancy, we strongly encourage you to call REEF on 1300 616 170. Our Workplace Relations Advisors will step you through the process from beginning to end. Related Workplace investigations – Here's what you need to know Workplace investigations are a necessary, but often difficult task. As an employer, you need to rely on the result of the investigation to decide upon disciplinary action. Nothing comes for free: Is unpaid work experience lawful? The REEF Helpline often receives calls from members asking if unpaid work experience is OK. Unfortunately, except in very limited circumstances, the answer is a resounding "no". Employee deductions: What's allowed, what's not To deduct or not to deduct? When it comes to deductions from an employee's pay, what's allowed and what's not? What amounts can an employer take out before it hits an employee's hand? Fair Work Commission hands down Award review decision The wait is over! The Fair Work Commission has handed down its decision regarding the statutory review of the Real Estate Industry Award. Here are the details. REEF President gives annual report at AGM At the recent AGM, REEF President Fred Andriessen presented his first annual report to members and shared some of REEF's big wins during 2016. What's in a name? Unfair dismissal and the high-income threshold A recent Fair Work Commission case found that despite an employee earning a salary over the high-income threshold, an unfair dismissal claim could still be made. Comments are closed.