If this happens an employee will still be entitled to redundancy pay. .benchbook-banner .banner-text{ A redundancy will be genuine if: 1. your workplace closes 2. your employer decides it needs fewer workers, either for financial reasons or because there's not enough business 3. your employer re-organises the business and your post is no longer needed.If you can prove that none of these reasons applied in your case, redundancy was not the reason why you were dismissed and your dismissal will probably be unfair. letter-spacing: 1px; What is the minimum period of employment? padding: 3px!important; ... whether or not you have a claim for unfair dismissal which has merit will depend upon the circumstances. } Redundancy procedure for over 20 employees. Employers must look into alternative work for employees. If you are an employer you are obligated to consider employee suggestions. Job no longer required due to changes in operational requirements. } Employers should always speak to you directly about why you have been selected and look at any alternatives to … color:#ffffff; The trial period begins on the date the employee starts work and is usually for four weeks. The difference is important, because unfair dismissals could potentially allow certain employees to claim an award in an Employment Tribunal. } An overview of legal procedure & case law, div.content > h3{display:none;} If during this time either the employee or employer terminates the contract the employee will be treated as being dismissed on the date that the previous employment contract ended. This practice note provides guidance on an employer's obligations towards the individual in a redundancy situation. } As an employer you should ensure you follow a fair procedure when making dismissals. dismissals as redundancies. .newspad{ [CDATA[/* > div.content > h3, margin-bottom:2px; Sometimes, even with fewer than two years of employment, you can have a claim. In addition, as of 6 April 2018, the limit on one week's pay when working out the basic award for unfair dismissal (and statutory redundancy… text-transform: uppercase; background-size: 100% auto; Contractual redundancy payments are usually offset against any compensatory award. Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. display: block; .formHead, .ruleTh{width:14%;} } .benchbook-banner .banner-text{ Click here for help. An unfair dismissal application cannot be made if the dismissal was a case of genuine redundancy. 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