Worldwide: Redundancy/Layoff

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

When making an employee redundant, an employer must first follow a proper and fair procedure, including a reasonable assessment of redeployment opportunities available.

The 2025 Ius Laboris and Lewis Silkin APAC Employment Law Conference brought together legal experts and thought leaders to examine how demographic shifts, technological disruption...