What does it mean for my employer to give procedural fairness?
Procedural fairness broadly relates to the decision-making process followed or
Where there has been a change in ‘operational requirements’, and your job is no longer required to be performed, your position becomes redundant. A change in operations requirements include circumstance in which a machine is available to do the job that was performed by you.
Redundancy occurs when, through no fault of your own, your job is longer required to be done by anyone. Effectively, your job ceases to exist.
Where your job has been automated and your employment has benen terminated
If you are a permanent employee, your employer must give you notice of the fact that your job no longer exists. The notice period must be the required minimum amount of notice as set out in the Fair Work Act section 117.
You will also be entitled to wages for all hours worked and payment for any accrued but untaken annual leave.
You may also be entitled to redundancy pay under the Fair Work Act, an enterprise agreement or your employment contract.
Are you entitled to lodge an unfair dismissal claim?
You may be entitled to lodge an Unfair Dismissal Claim where the redundancy was not a ‘genuine redundancy’. A non-genuine redundancy occurs where your employer failed to consult you about the redundancy in breach of of a modern award or enterprise agreement and/or it was reasonable to redeploy you in the circumstances.
If you are covered by a modern award or enterprise agreement, there may be a consultation process that your employer is obligated to follow before implementing your redundancy. Generally, you must be informed of the proposed changes, provided with information about the changes and their effects, and afforded a reasonable time to respond with ideas or suggestions about the changes.
Where your job has been automated and you have been offered redeployment
If your job is made redundant and you accept an offer of redeployment you will not be entitled to redundancy pay.
If you reject an offer of redeployment because you do not think that the new role is not acceptable, for example, because it represents a significant reduction in pay, status or responsibilities, you may be entitled to reject the offer and still claim redundancy pay. However, you should seek legal advice before rejecting the offer to make sure you will still be entitled to redundancy pay because your employer may refuse to pay you redundancy pay on the basis that it made you an acceptable offer of redeployment.