Genuine Redundancy: What Employees Should Check Before Accepting a Termination
How to tell whether a redundancy is genuine under the Fair Work Act, what consultation you are entitled to
Summary - test
A recent Fair Work Commission decision [2026] FWC 5230 shows that calling a dismissal a redundancy does not automatically make it lawful. The Commission found that the employer no longer needed the role, but had not consulted as required under the applicable award and had not properly considered redeploying the employee into other available work.
Key Takeaways for Employees
Check the reason — The job must no longer be needed because of operational change, not because of a personality clash or performance concerns.
Ask about consultation — Many awards and agreements require the employer to discuss the change with you before a final decision is made.
Ask about redeployment — If a suitable role exists elsewhere in the business (or an associated entity), the employer should reasonably consider it.
Keep records — Save emails, meeting invitations and any written notice of the change.
Practical Checklist
Written explanation of why the role is no longer required
Consultation meeting offered before the decision was final
Redeployment options discussed
Notice period and redundancy pay calculated correctly
Termination letter kept with all related emails
Time limit for lodging a claim noted (21 days from dismissal)
Bottom line: A genuine redundancy requires a real change in business needs and a fair process. If either is missing, you may have grounds to challenge it.
Official source