Redundancy Lawyers For Employers in Melbourne

Navigate Workplace Change with Confidence

Whether you’re restructuring your business, reducing your workforce or responding to operational changes, Hentys Lawyers provides practical legal advice to help Melbourne employers manage redundancies lawfully, minimise risk and protect their business.

Managing Redundancies the Right Way

Redundancy is one of the highest-risk decisions an employer can make. It sits at the intersection of legitimate business change and an employee’s protections under the Fair Work Act — where the real question isn’t whether the decision made commercial sense, but whether the correct process was followed and the role was genuinely no longer required. Because a poorly managed redundancy can easily tip into an unfair dismissal or general protections claim, these processes are rarely as simple as issuing notice, and the consequences of getting it wrong can extend well beyond the cost of a single dismissal.

At Hentys Lawyers, we act exclusively for employers, helping businesses plan and execute redundancies that stand up to scrutiny, and defending redundancy-related claims firmly when they’re made. We work with employers across Melbourne, Sydney, Brisbane, Perth, Adelaide and the rest of Australia.

For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.

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What Makes a Genuine Redundancy?

Under the Fair Work Act, a redundancy is only genuine if the role is no longer required because of a change in the operational requirements of the business — typically a restructure, technological change, automation, or reduced demand, and, in some cases, closure, bankruptcy, or insolvency. The employer must also have met any applicable consultation obligations and genuinely considered whether redeployment was reasonably available.

Even a genuinely surplus role can be challenged if consultation or redeployment wasn’t properly handled, so clear documentation at every stage is essential. Disputes are commonly heard by the Fair Work Commission’s Melbourne registry, so Victorian employers should ensure their process can withstand scrutiny from the outset.rian employers and employees. Businesses operating in Melbourne should ensure their redundancy processes are structured to withstand this level of scrutiny from the outset.

Consultation Obligations

Most Awards and many Enterprise Agreements require genuine consultation before a redundancy is finalised. This means notifying affected employees once a change is proposed, explaining the reasons for it, providing relevant information and inviting feedback, and allowing a support person at meetings. Employee responses need to be genuinely considered before any final decision is made, and each step should be documented.

Consultation isn’t a formality — it means giving employees a real opportunity to respond before the outcome is settled, not simply informing them of a decision that’s already been made.

Common Redundancy Mistakes That Lead to Claims

Most redundancy disputes come down to process, not the underlying business decision. Common issues include replacing the employee soon after redundancy takes effect, failing to properly consider redeployment, selecting a person rather than identifying a redundant role, rushing or inadequately consulting, poor documentation, using redundancy to manage performance or conduct issues, and applying inconsistent selection criteria across similar roles.

Any one of these can undermine an otherwise legitimate redundancy and increase the likelihood of a claim.

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Communicating Redundancies Professionally

How a redundancy is delivered matters as much as the decision itself. This means planning the meeting carefully, delivering the message directly and respectfully, and clearly explaining both the business reasons and the process that’s been followed. Employees should be given their notice and redundancy entitlements in writing, along with appropriate support through the transition.

A well-handled conversation reduces distress for the employee and lowers the risk of a dispute arising from the manner of dismissal, not just the decision.

How Hentys Lawyers Can Help

We help Melbourne employers manage redundancies with confidence — from planning and structuring a restructure, to reviewing whether it meets the genuine redundancy requirements, advising on consultation and redeployment, and drafting the correspondence and documentation to support the process. We also advise on Fair Work Act compliance and defend employers against unfair dismissal and general protections claims if disputes arise.

At Hentys Lawyers, we act exclusively for employers, helping businesses restructure with confidence and defending redundancy-related claims firmly when they’re made. We work with employers across Melbourne, Sydney, Brisbane, Perth, Adelaide and the rest of Australia.

Our Expert Redundancy Legal Team in Melbourne

As specialists in redundancy and workplace restructuring, our team combines deep knowledge of the Fair Work Act’s redundancy provisions with practical industrial experience, providing employers with strategic, defensible advice on the decisions most likely to attract scrutiny. We are trusted for our experience in pressure-testing redundancy processes before they’re implemented and defending redundancy-related claims before the Fair Work Commission and federal courts — ensuring your business has access to clear, effective advice and representation when it matters most, 24/7.