Employment Law
Employment Law

Restructuring and redundancy

Restructuring and Redundancy

Whether it is called a restructure, downsizing, reorganisation or repositioning, the underlying message often is “We need to make staff redundant” Restructuring and redundancy law are part of business life, even in the good times.

So long as your actions are genuine and not driven by ulterior motives, your decision to make positions or employees redundant is for you to make but before you make that decision there are some critical steps you must take. If you take some but not all or worse none at all then your actions probably will be unjustifiable.

A step often not taken, particularly by Australian owned and controlled businesses, is to consult employees on the structural changes before they are finally decided upon.

Consultation requires more than mere prior notification. You must provide sufficiently precise information so that your employees can respond in a meaningful way and you must give them a  reasonable opportunity to do so.  Also you are expected to make a genuine effort to accommodate the views of your employees. In short, consultation is to be a reality, not a charade.

How we can help

We will assist you by

  • Advising you about the consultative steps you need to take.
  • Advising you about the information you must provide to employees.
  • Ensuring proper notice of the restructure is given to employees.
  • Ensuring proper notice of any meeting with employees is given.
  • Conducting the meetings with the employees.
  • Advising you about the decision to be made.

If you would like our help, this is the information we will need

  • A description of your proposed restructure.
  • The reasons for the restructure.
  • The desired time for implementation should you decide to proceed with it.
  • Employment agreements and job descriptions of affected staff.
  • Your contact details.
“We need to make staff redundant.”