There must be an appropriate evidentiary basis for … Section 389 of the Fair Work Act makes an important distinction between redeployment and genuine redundancy. Employers restructure their business for a variety of reasons and this sometimes means that they need to make employees redundant. If you haven't given notice by the end of the trial period your right to Statutory Redundancy Pay ends. However, difficult issues can arise in practice where the employee at risk of redundancy suffers from a disability which might disadvantage them during the redeployment selection process. If your employer offers you suitable alternative employment and you unreasonably refuse it, you may lose your right to Statutory Redundancy Pay. If the employer is not meeting their duties on redeployment… The movement of an employee into a different role or department within the employer's business or that of an associated employer, often as a means of avoiding dismissal due to redundancy.A change in the terms of the employment contract will often be involved, in which case redeployment can only take place with the … Even if a layoff isn’t on your radar, an effective redeployment strategy is a positive step toward establishing a flexible and transparent workplace. Friday, April 22 nd, 2016 ... been reasonable in all the circumstances to redeploy the dismissed employee in order to find that an otherwise genuine redundancy was not genuine by virtue of subsection 389(2). Redundancy and Redeployment Procedure and the Procedure will be clearly communicated to employees and recognised trade unions as part of the consultation process. The legislation makes clear that if redeployment is a … Redeployment to another job may be undertaken in order to avoid dismissal due to redundancy. This element renders what may have been a genuine redundancy, which possessed the elements of subsection 389 (1), to not be a case of genuine redundancy if redeployment was reasonable in … Here are seven practical steps for understanding the appropriate time for redeployment and making it a routine part of your company culture. #1: The Right Person, in the Right … Our redundancy and redeployment obligations and procedures (apart from this procedure) are set out in our Enterprise Agreements. This article discusses what redeployment is and what you and your employer should be doing during the redeployment period. 1.6 During consultation management will provide full information to employees and/or their representatives about proposed redundancies, and will allow Employees who accept an offer of redeployment will be allowed a trial period of four weeks. 1998 – Court of Appeal: Yes, the employer must offer redeployment (unless not feasible) McKechnie Pacific (New Zealand) Ltd v Clemow (“McKechnie”) was a case that came before the Court of Appeal regarding a long-standing employee, Mr Clemow, who had been abruptly dismissed for redundancy. Only where an employee unreasonably refuses an offer of suitable alternative employment will redundancy pay be withheld. It is relatively common for an employer to have redeployment opportunities arising from a restructure. This redeployment obligation is important for employers in order to avoid a redundancy … This procedure should be read in conjunction with the relevant clauses in the Enterprise Agreements. This policy aims to minimise retrenchment by ensuring a fair redundancy process and offering redeployment as an alternative to involuntary retrenchment where positions are identified as surplus to requirements. What happens if I refuse a redeployment offer when being made redundant? The University will, where the employee whose continued employment may be affected by the University … “Reasonable Redeployment [39] The third element of s. 389 of the Act is the negatory provision contained in subsection 389 (2). The Fair Work Commission has confirmed that an employer’s obligation to offer redeployment opportunities to employees does not necessarily extend to similar roles performed for the business by contractors. 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