Redundancy

Updated 25 September 2026

The Problems People Bring to Us

Redundancy is often presented as final and non-negotiable. It frequently is neither. The questions we are asked most are:

Is this a genuine redundancy? The employer must no longer need your job done by anyone, must have consulted you if an award or enterprise agreement required it, and must have considered whether you could reasonably be redeployed (s 389 of the Fair Work Act 2009 (Cth)). If it did not, the dismissal may be unfair.
Have I been paid what I am owed? Notice, accrued leave, long service leave and redundancy pay under the National Employment Standards, plus anything more generous in your contract, an enterprise agreement or the employer's own redundancy policy.
The "different role" offer. You have been offered another position on lower pay, with a bigger workload, or in another location, and told that if you refuse you get nothing.
Selected for the wrong reason. You were chosen while on parental leave, after a complaint, or after a period of sick leave, and suspect the restructure is a cover.
Pressure to sign. You have been handed a deed of release and told to sign it within days to receive your entitlements.

How We Help, Stage by Stage

First Discussion

We find out where the process is up to: consultation, notice, or already ended. If your employment has ended and you want to challenge it, the 21-day time limit for an unfair dismissal or general protections claim is already running.

What you get: the deadline, and a first view on whether the redundancy looks genuine and whether the pay-out looks right.

Reviewing Your Documents

We read the consultation letters, the redundancy letter, your contract, the award or agreement, and any redundancy policy, and check the figures.

What you get: a written check of what you are entitled to, and anything missing.

Advice on Your Options

You can accept, negotiate, or challenge. We explain what each involves and the realistic range of outcomes, and whether any alternative role you were offered is one you can reasonably refuse.

What you get: a plan you can act on before the employer's deadline.

Negotiating

Many redundancy disputes resolve through negotiation. We raise the entitlements that have been missed, and any concerns about the genuineness of the redundancy, with the employer.

What you get: a lawyer who handles the correspondence, and advice on every offer.

The Commission or the Court

If negotiation fails, the dispute may go to the Fair Work Commission, the WAIRC for a contractual benefits claim in the state system, or a court for unpaid entitlements. We prepare and run the claim.

Settlement and the Deed

If you are asked to sign a deed of release, we review it before you do. A deed usually ends every claim you have against the employer, so it matters what it says and what you are paid for giving that up.

What you get: a clear explanation of the deed and changes negotiated where needed.

What to Bring to the First Conversation

Every letter or email about the restructure and your redundancy
Your contract, and any letter promising redundancy or severance terms
The employer's redundancy policy, if there is one
The name of your award or enterprise agreement
Recent payslips and your final pay statement, if you have it
Any alternative role you were offered, and any roles advertised afterwards
Any deed of release you have been asked to sign, and its deadline

How We Have Helped

A long-serving employee was made redundant and paid less than they believed they were owed. We reviewed the employer's own redundancy policy and earlier correspondence about their entitlements, which supported a larger payment, and pressed the claim. The matter was resolved by agreement, recorded in a deed.

An employee was told their role was being restructured and was offered a new position they considered was not comparable, with less pay and a different scope. We advised them on whether they could reasonably refuse it, and negotiated with the employer. They left with a redundancy package on agreed terms.

Every matter is different. These examples are general and do not indicate the outcome of any other matter.

Talk to Us

If you have been told your role is redundant, or handed a deed to sign, call us before the employer's deadline. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about your rights.