Business restructures can lead to genuine redundancies, which are a valid reason for termination. However, if your role substantially continues under a different title, or you were selected unfairly, you may have a claim.
Last verified: 21 May 2026Business restructures can lead to genuine redundancies, which are a valid reason for termination. However, if your role substantially continues under a different title, or you were selected unfairly, you may have a claim.
A restructure-based dismissal is unfair if the duties of your role continue to be performed (just by someone else or under a different title), if the selection criteria for who is made redundant were unfair or discriminatory, or if the employer failed to consider redeploying you to another suitable position.
If you were targeted in the restructure because of a protected attribute (age, disability, gender, race) or because you exercised a workplace right, general protections apply.
The employer must: (1) demonstrate a genuine business reason for the restructure, (2) consult with affected employees before finalising decisions, (3) use fair and objective criteria for selecting which roles are affected, (4) consider redeployment into other suitable roles, (5) provide correct notice and redundancy pay.
The FWC frequently finds restructure-based dismissals unfair where the employee's duties are substantially the same but performed under a new job title or by a contractor. This indicates the redundancy was not genuine.
21 days
From the date your dismissal takes effect. Strictly enforced.
26 weeks’ pay
For unfair dismissal claims. General protections claims have no cap.
Restructure can be a valid reason for dismissal under the Fair Work Act, but the employer must follow a proper process including investigation, warnings (where appropriate), and giving the employee a chance to respond. Failure to follow a fair process can make the dismissal unfair even if the reason is valid.
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($183,100) unless covered by an award or enterprise agreement. You must lodge within 21 days.
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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