Employment Law – Background
Currently, there are no specific guidelines on how long employers should or must conduct redundancy consultations under a Modern Award.
Different rules of course may apply to enterprise agreements, under company policies or in some cases under the terms of an employee’s employment agreement.
We understand that employers may want to rush a business restructure in order to continue running the business, however, there are a few tips employers should consider to minimise any possible adverse effects.
Employment Law – Tips for Employers
Our Matthews Folbigg Workplace Solutions employment law team recommends employers:
- prioritise good communication to affected employees rather than rushing the process
- provide a reasonable timeframe for those employees to consider the proposed redundancy
- give employees time to provide information to the employer for the employer to consider before the employer makes a final decision about the proposed redundancy
- as a guide, utilise a week for redundancy consultations (however, three days should be seen as the minimum)
- employees can seek financial, legal and/or tax advice
- treat the departing employees respectfully
- communicate to those employees details of what will happen if the decision is made to implement the proposed redundancy
- take the time to consider how, where and when to tell those employees the bad news
- carefully share the reasons behind the redundancy to the affected employees
- explore possible redeployment options (including with other group companies)
- communicate with remaining staff about any departures
- prepare redundancy policies or guidelines for HR by engaging an employment lawyer
- therefore train HR on the redundancy consultation process
Employment Law – More Information
Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635-7966 to speak with one of our employment lawyers.