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B. Key Considerations

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Genuine Redundancy

A genuine redundancy is taken to exist where one of the following arise:

  • The Employer ceases to carry on the business for which the Employee was employed, or ceases to carry on the business at the same place where the Employee was employed.
  • The work for which the Employee was employed has ceased or the requirement to perform that work has reduced.
  • The Employer has decided to carry on the business with fewer or no Employees. Work may be reallocated to other Employees.
  • The work which the Employee performed is to be performed in a different way and the Employee is no longer qualified to undertake the work.
  • The Employee’s work is to be undertaken by another person who is sufficiently qualified and capable to undertake other work for which the Employee is not sufficiently qualified or trained.