When it comes to deciding what roles should be made redundant, many of the positions may be similar in status, pay and responsibility, with the main differences being the length of service of each employee, variations in the standard of job performance, and perhaps personal attributes of each employee.
Criteria must be objective
The factors determining which positions are to be redundant should be determined on objective criteria and should be known by employees in advance. That is part of the consultation process required under modern awards with respect to significant changes in the workplace, or in compliance with the relevant company policy.
You should assess the skills, experience, training, and performance of each employee against the current and future needs of the business. If, after such an assessment, employees are comparatively equal, the period of service may be an appropriate factor, unless some other pressing domestic issue is raised by an individual.
An employee who is pregnant does not have any special protection in this circumstance, although you cannot dismiss her if her selection for redundancy was based on grounds relating to absence on parental leave (ie discriminatory reasons). Note that in relation to a claim by an employee under the “general protections” provisions of the Fair Work Act 2009 (eg termination on the grounds of the employee’s absence on parental leave) there is a reverse onus of proof – the employer has to disprove the claim.
Therefore, as soon as the objective criteria have been determined, they must be applied equitably.
Avoid subjective criteria
Do not use subjective criteria when selecting employees for redundancy, because this approach is open to abuse and could be used to target particular workers. Avoid referring to factors such as teamwork, know-how, initiative, integrity, trust, credibility, etc.
The use of subjective criteria also makes it difficult for management to apply these factors, because they may imply a different meaning depending on the individual manager.
