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notifying the affected employees and their representatives (if any) when a definite decision has been made;

discussing the decision With all the employees and their representatives (if any) as early as practicable after the decision has been made;

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If redeployment within the employer's business or the organization of an associated entity of those employer is reasonable in the circumstances, the dismissal won't amount to a real redundancy and the employer may not require a defence to a claim of unfair dismissal. but when such redeployment is not reasonable in all of the circumstances, the employer might rely about the defence of real redundancy.

The Full Bench of Fair Work Australia in Ulan Coal Mines Ltd v Honeysett & Others [2010] FWAFB 7578 held that "it is an essential part of the concept of redeployment...that a redundant employee be placed in An additional job in the employer's organization as an alternative to termination of employment".

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Seek legal advice

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