Being made redundant can happen to anyone, at anytime including while you are pregnant or on parental leave, provided they are “genuine.” A genuine redundancy is when:
- your job doesn’t need to be done by anyone, and
- the employer followed any consultation requirements in the award, enterprise agreement or other registered agreement. This includes while you are on parental leave.
A dismissal is not a genuine redundancy if the employer:
- still needs the employee’s job to be done by someone
- has not followed relevant requirements to consult with the employees about the redundancy, or
- could have reasonably, in the circumstances, given the employee another job within the employer’s business or an associated entity.
You cannot be made redundant however if it is because of your pregnancy or because you are on parental leave. For more information, visit the Australian Human Rights Supporting Working Parents website here.