A redundancy is a genuine redundancy when the person’s job doesn’t need to be performed by anybody anymore.
A redundancy usually occurs because of a change in the businesses operations or strategy. Your employer should consult with you before the redundancy occurs and try to accommodate you in other areas of the business.
If this is not possible then you will likely be terminated and your employer may be required to pay you ‘redundancy pay / severance pay’. Small businesses (i.e. businesses with fewer than 15 employees) are not required to pay redundancy pay unless an Award or contract provides otherwise.
If you believe that you have been made redundant but it is not a ‘genuine redundancy’ then you may be able to lodge an ‘unfair dismissal – not a genuine redundancy’ claim. Note however that you only have 21 days from the date of termination to lodge this claim.
Sometimes, employees who have been made redundant become aware that, after several months, their employer has hired someone new into their ‘redundant’ position. You might think that this indicates that the redundancy was not genuine, however it may be the case that business needs have changed again and the previously redundant role is now required. There is no statutory time limit that a business needs to ‘wait’ after a redundancy before it can recreate that role.