Termination and Redundancy

Navigating terminations and redundancies with legal support

Whether it's ending an individual's employment or undertaking a strategic restructure, these decisions can have a significant financial, legal and reputational impact on your oganisation if not handled properly.

ABLA can help ensure the process you use is lawful and compliant with all relevant legislation, minimising the risks of legal claims. This means not ending up in court for one of the following:

• Unfair dismissal claims: Allegations that the termination was harsh, unjust, or unreasonable.
• Adverse action claims: Claims that an employee was dismissed for unlawful reasons, such as exercising a workplace right.

Mishandled terminations can impact the employees left behind, reducing morale and public perception of your brand.

Redundancy is a legitimate reason for ending employment, but it must be geniune to avoid legal challenges. A redundancy process is considered geniune when:

• The role is no longer required due to operational changes.
• Employees are consulted in accordance with the applicable industrial instrument (eg, modern award or enterprise agreement).
• Redeployment options are genuinely considered.

Failing to meet these criteria can result in:

• Unfair dismissal claims.
• Financial penalities for breaching consultation obligations.
• Damage to workplace culture and employee trust.

ABLA can guide you through every step, ensuring your redundancy process is fair, transparent and legally compliant. 

How ABLA supports your organisation

Our team of workplace and employment lawyers can provide:

• Tailored advice: We help you assess risks and develop strategies to mitigate legal challenges.
• Compliance checks: We ensure your processes align with the Fair Work Act, industrial instruments and other legal obligations.
• Support for workplace investigations: Our expertise ensures your investigations are thorough, impartial and will hold up in court.
• Representation in disputes: Should claims arise, the team can provide robust representation to   protect your business.

Mishandling terminations or redundancies can lead to significant costs for your organisation, including:

• Financial penalities: Compensation for an unfair dismissal or adverse action claim can be substantial.
• Your time and money: Defending claims in court cost money and alot of time away from managing your business.
• Reputational harm: Negative publicity and employee dissatisfaction can damage your brand and workplace culture.

If you are considering a strategic restructure in your organisation or you need to manage difficult employees out of the business, get in touch with the team for an intitial confidential discussion to ensure a smooth and compliant process.