Managing cases of redundancy

By Jevita Derby

What is Redundancy?

Redundancy occurs when an employer either:

• decides they no longer want an employee’s job to be done by anyone and terminates their employment (except in cases of ordinary and customary turnover of labour), or
• becomes insolvent or bankrupt.

Employers must ensure that when they terminate a worker’s employment by reason of redundancy, the dismissal is a ‘genuine redundancy’.

Defeat unfair dismissal claims by following procedural fairness

By Jevita Derby

Performance management, disciplinary action and termination are touchy subjects, and most employers will do all they can to avoid having to deal with such matters. However, burying your head in the sand won’t make them go away and the best way to deal with performance or conduct issues is to tackle them head on, ensuring procedural fairness is followed each step of the way.

By affording employees procedural fairness prior to termination of employment, employers are more likely to be able to avoid or successfully defend unfair dismissal claims. This article outlines the best practice approach for managing underperforming employees or dealing with allegations of misconduct which will ensure procedural fairness is afforded to employees.