High Court Expands Employers’ Redeployment Duties in Redundancies
The High Court of Australia has clarified that before making a role redundant, employers must now consider all possible redeployment options – not just vacant roles. This includes looking at positions currently held by contractors and labour hire workers.Until now, only suitable vacant roles needed to be considered.Take Out Point: Expect more scrutiny from the Fair Work Commission around redundancy decisions.
The best way to avoid a Commission detour? Be transparent during consultation – talk through the structural changes and business needs early and clearly.