Restructures and redundancies
A restructure can be the right call for the business and still end in an unfair dismissal claim. The difference is usually whether the redundancy was genuine and the right process was followed.
IndustrialHR helps employers plan and run restructures in Melbourne, Sydney, Adelaide, Brisbane and the Gold Coast, and across Australia.
Under the Fair Work Act, a redundancy is only "genuine" if three things are true:
Miss any one of those, and the employee may be able to bring an unfair dismissal claim, even if the business reason is sound.
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Businesses with fewer than 15 employees are generally exempt from NES redundancy pay, but an award, agreement or contract may still require it.
Once you've made a definite decision to make a major change likely to affect employees, and before it's put into effect.
Yes, if the selection is fair and based on objective criteria.
Call 0481 100 416 or book a consultation before you announce any changes to your team.
Practical guidance on restructures and policies.
Free guide
Making a role redundant?
Get the free step-by-step guide: consultation, redeployment, redundancy pay and notice, in order, and the mistakes that make a redundancy look less than genuine.
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© 2026 IndustrialHR. All rights reserved.
Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.
Privacy Policy | Terms of Service | Articles
© 2026 IndustrialHR. All rights reserved.
Gold Coast, Queensland | 0481 100 416
IndustrialHR does not provide legal advice.