The IEU Industrial team advises you on: redundancies

If your school is proposing redundancies, you should contact the IEU for advice and support. We’ve created a comprehensive checklist to guide you through the process.

Here are the key steps:

1. Determine genuine redundancy:

Is the role no longer required due to changes in operational requirements, such as restructuring or technological advancements? The redundancy cannot be related to the employee’s performance or conduct and should be solely due to the role no longer being required.

2. Consultation obligations:

• The employer should provide written notice that it will engage in consultation with affected employees.

• Applicable Awards, Enterprise Agreements, and employment contracts should be reviewed for consultation requirements and processes that the employer is required to follow, including whether the employer must provide affected employees with certain information about the redundancy.

• The employer must engage in meaningful consultation with the affected employees and the IEU. Consultation will involve discussing the reasons for the redundancy, potential alternatives, and any redeployment opportunities.

3. Selection criteria:

The employer must develop fair and objective criteria for selecting positions to be made redundant and apply these criteria consistently to avoid discrimination.

4. Alternative employment and redeployment:

The employer should explore opportunities to redeploy the affected employee within the school or associated entities and should offer suitable alternative positions if available. This includes looking at positions available in other schools run by the same employer.

5. Notification:

If no alternative employment or redeployment is offered and the decision is made that redundancy will take effect, the employer must provide written notice of termination of employment due to redundancy to the affected employees, detailing the reason for redundancy, the termination date, and any entitlements.

6. Redundancy pay and entitlements:

Redundancy pay is based on the employee’s continuous service, as stipulated by their Agreement, or (if they are not covered by an Agreement), the National Employment Standards.

Employees should also be paid accrued entitlements such as annual leave and long service leave in the final payment.

7. Documentation and record-keeping:

Affected employees should maintain comprehensive records of the redundancy process, including consultation notes, selection criteria, and correspondence from the employer. The employer should issue an Employment Separation Certificate, and if requested, a Statement of Service.