Redundancy, Restructure & Employee Entitlements

Workplace change can be stressful and disruptive.
Our role is to provide the clarity, strategy, and legal compliance you need to move forward with confidence.

Clear, Experienced Legal Guidance Through Workplace Change

At THAMS Law Group, we advise both employees and employers navigating redundancies, organisational restructures, and complex entitlements.
We ensure the process is lawful, transparent, and commercially sound protecting rights, minimising disputes, and reducing the risk of costly Fair Work Commission claims.

Understanding Redundancy Under Australian Law

Under the Fair Work Act 2009 (Cth), a redundancy is only genuine if:

  • The role is no longer required due to operational changes, restructure, or downsizing

  • The employer has consulted with the employee as required under any applicable modern award or enterprise agreement

  • There are no reasonable redeployment options available within the business or its associated entities

If these conditions are not met, the termination may be considered unfair dismissal, leaving the employer open to claims before the Fair Work Commission.

We help employees understand whether their redundancy meets the legal definition of “genuine” and assist employers in ensuring every step is procedurally correct.

WHAT WE DO

Protecting Your Dignity, Safety, and Right to Work Free from Harm

Employee Representation

Losing your job through redundancy can be confronting, but it’s not always final, and it’s not always lawful. Many employees are unaware that they may be entitled to more than what is initially offered, or that the redundancy itself may not meet the legal definition of “genuine redundancy” under the Fair Work Act.

At THAMS Law Group, we act quickly to protect your position and secure the best possible outcome. We:

  • Review redundancy packages in detail to ensure every entitlement, including redundancy pay, notice pay, accrued leave, long service leave, and contractual benefits, is included and correctly calculated

  • Assess whether the redundancy is genuine, identifying if redeployment opportunities or alternative positions should have been offered

  • Challenge unfair redundancies by preparing and lodging claims with the Fair Work Commission within the strict 21-day timeframe, giving you the best chance of reinstatement or compensation

  • Negotiate improved exit packages or settlement agreements that protect your financial stability and professional reputation

  • Safeguard against victimisation or retaliation, ensuring you are not penalised for asserting your workplace rights

If you’re facing redundancy, don’t wait until the payment hits your bank account, speak to us first to make sure you’re walking away with everything you’re entitled to.

Employer Representation

Redundancies and restructures are not just a legal process, they’re a test of leadership, governance, and risk management. Employers who get it wrong face expensive claims, reputational damage, and disruption to remaining staff morale.

We help employers manage workplace change in a way that is both commercially strategic and legally compliant. We:

  • Plan and implement restructures so they meet genuine business needs while complying with all legal obligations under the Fair Work Act, modern awards, and enterprise agreements

  • Draft and review redundancy communications to ensure they are legally defensible, sensitive to employee impact, and clear enough to reduce confusion or disputes

  • Conduct redeployment assessments and consultation processes to demonstrate procedural fairness and avoid claims of unfair dismissal

  • Accurately calculate redundancy payments and entitlements, avoiding costly underpayment disputes

  • Defend employers before the Fair Work Commission or courts if redundancy decisions are challenged, using a combination of evidence, process documentation, and strategic advocacy

Handled well, redundancy can be part of a successful business restructure that protects your future. Handled poorly, it can undo years of hard work and goodwill. We make sure you get it right the first time.

Restructure & Employee Entitlements

Restructuring often involves changes to roles, reporting lines, or responsibilities. Even if jobs are not made redundant, changes may affect employee entitlements under:

  • Employment contracts

  • Modern awards or enterprise agreements

  • The Fair Work Act

  • Long service leave and other statutory obligations

We help employers manage restructure processes lawfully and assist employees to understand whether their entitlements are being respected.

Why Acting Quickly Matters

If you believe your redundancy was not genuine, you typically have 21 days from the date of termination to lodge a claim with the Fair Work Commission. Employers also need to act promptly to ensure all procedural and payment obligations are met from the moment redundancies are announced.

Navigating Redundancy and Restructure with Confidence

Redundancy and restructure are never just business decisions, they’re moments that reshape careers, teams, and futures. At THAMS Law Group, we cut through uncertainty with straightforward, strategic advice that balances legal compliance with human impact.

We don’t just interpret the law, we help you navigate it in real time, making sure every step is lawful, considered, and defensible. Whether you’re protecting your position, preserving your entitlements, or steering a restructure that avoids costly disputes, we focus on outcomes that stand up under scrutiny and keep your next move on solid ground.

FAQs

  • A redundancy is genuine only if your employer no longer requires the role, has followed all consultation obligations, and has considered redeployment options. If not, it may be an unfair dismissal.

  • Redundancy pay (based on your length of service), notice pay, accrued leave, and any contractual bonuses or benefits that have accrued.

  • If the alternative role is suitable and you decline it without good reason, you may lose redundancy entitlements. We can help assess whether an offer is genuinely suitable.

  • Yes. If it’s not genuine or if the correct processes were not followed, you may lodge a claim with the Fair Work Commission within 21 days.

  • By ensuring the process meets the legal definition of “genuine redundancy”, following all consultation requirements, and documenting every step.