What Are The Steps in a Redundancy?

by Adrian ClarkOct 9, 2021Human Resources, View All

Workplace investigations are a vital part of maintaining the integrity and fairness of any organisation. When issues arise, it’s important for businesses to act quickly, ensuring that they address concerns in a transparent and lawful manner. Different types of investigations are needed for different situations, each requiring a tailored approach to ensure fair outcomes for all involved. Below are some of the most common types of workplace investigations and when they should be used.

Misconduct Investigations
Misconduct investigations are necessary when an employee breaches company policies or behaves inappropriately. This might include theft, dishonesty, substance abuse in the workplace, or breaches of confidentiality. Misconduct can also cover actions that damage the company’s reputation or relationships with clients. It’s important to act quickly when dealing with misconduct to maintain workplace standards and protect the business from potential legal liabilities.

Harassment and Bullying Investigations
Investigations into harassment and bullying are crucial when employees report or experience inappropriate behaviour. Whether the issue is sexual harassment, racial harassment, or bullying, businesses have a duty to investigate and take action. These investigations must be handled with care, ensuring that both the complainant and the accused are treated fairly, and that the process remains confidential. Addressing such issues promptly not only protects employee wellbeing but also helps to maintain a respectful workplace culture.

Discrimination Investigations
Discrimination investigations come into play when employees feel they’ve been treated unfairly due to attributes such as race, gender, age, disability, or sexual orientation. These cases can be complex and require careful handling to ensure compliance with anti-discrimination laws in Australia. A thorough investigation is essential to ensure that all claims are properly examined, protecting the organisation from legal action and fostering an inclusive workplace.

Health and Safety Investigations
When a workplace incident or a near-miss occurs, a health and safety investigation is needed. These investigations help to determine whether existing safety measures were followed and if further action is required to prevent future incidents. Compliance with workplace health and safety laws is essential in Australia, and these investigations ensure that businesses fulfil their obligations to protect their employees.

Workplace Culture Investigations
In some cases, broader concerns about workplace culture may require investigation. This can occur when there are ongoing issues affecting morale, such as repeated complaints about management or widespread dissatisfaction among staff. A culture investigation looks at systemic issues within the workplace and seeks to identify patterns that may be harming the work environment. These investigations provide valuable insights for leadership teams to implement lasting positive change.

How AHR Can Assist with Workplace Investigations
Conducting a workplace investigation requires impartiality, expertise, and a thorough understanding of Australian workplace laws. At Assurance HR (AHR), we specialise in handling workplace investigations with a high degree of professionalism and confidentiality. Whether you’re facing allegations of misconduct, bullying, discrimination, or safety breaches, AHR has the expertise to guide your organisation through the investigation process.

Our team works with you to ensure that every step of the investigation is conducted lawfully and fairly. We help gather evidence, interview witnesses, and provide detailed reports on our findings, making sure you have all the information needed to resolve the issue. By choosing AHR, you can focus on your business while we take care of the complexities involved in workplace investigations, ensuring you remain compliant and maintain a positive work environment. Let AHR be your trusted partner in managing workplace investigations with confidence and care.

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If you are considering making an employee redundant there are three things you must consider to avoid a potential Unfair Dismissal claim in the future.

With the huge amount of change small businesses are facing at the moment, there are many people facing redundancy.

As employers, it’s important to follow the steps correctly, both for you and for your employees.

It’s also important to understand the difference between redundancy and a temporary stand-down. A temporary stand-down is just that, temporary. If the stand-down is considered a permanent one then this becomes a redundancy.

You’re still reading so I can assume that means you need to make one or more employees redundant. If that is the case then there are 3 very important things that you must consider.

1. The business no longer requires the role.

If duties can be absorbed by other people still working, or the nature of the business is changing, then redundancy is valid. You’ll need to decide if you need to let the person go completely, or whether you’re able to redeploy them to other tasks within your business.

Once this decision is finalised you need to let the employee know by letter.

If your business is over 15 people you’ll also need to seek advice regarding redundancy pay. This is also something we can advise you on.

2. Announce potential redundancies to employees

It’s important that your employees receive clear communication about what’s happening in your workplace. A group meeting is important, explaining the reasons for the decision and advice on potential redeployment in the business, followed up by individual meetings with employees facing redundancy.

3. Provide employees with an appropriate final letter

You need to provide the employees facing redundancy with an appropriate final letter. This letter needs to set out the employee’s final pay and notice period, or in the case of redeployment, a letter that states and sets out the terms of the new employment offer.

It is essential that you ensure the final pay complies with any obligations you have under the National Employment Standards (NES), the Modern Award(s), or Enterprise Bargaining Agreement (EBA) that relates to your business and any obligations you have as part of the termination.

We also recommend you talk to your bookkeeper or accountant in respect to ensuring the correct tax is taken out of the final amount paid.

Unfortunately, redundancies can be tough on both employees and employers and there is often room for misunderstanding and hurt feelings. You value your employees and want to make sure that things finish well for everyone involved. Take the time and care to consider each step in the process.

Remember even if you do everything correctly when you make someone redundant it doesn’t guarantee that the employee will be satisfied with the outcome. Employees can and often do have a huge emotional investment in their work. So it is vital that you take the utmost care of each step of the redundancy process.

Helping take you through the journey of doing redundancy well is part of why Assurance HR exists.

We can help you draft termination or redeployment letters if needed.

We can also advise you on what each letter needs to contain.

And If your business employs over 15 people we can provide the advice you need regarding redundancy pay.

Most of all we can help you know what to do at each step.

Please get in touch if you need to make an employee redundant to discuss how we might be able to help.