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Alternative

Employment
If an employer fails to make a reasonable search for the alternative employment for those employees at risk of redundancy, the affected employee may claim the dismissal was unfair.

There are specific statutory requirements to be followed when making an offer of alternative employment:
  • The offer must be made before the affected employee's contract of employment comes to an end
  • Be communicated in a timely manner;
  • The term of which must also be reasonably precise i.e. it is clear that the employee is being offered a new job; and
  • The new employment must start within four weeks of the affected employee’s employment ending.
If an employee accepts the offer, he/she will be treated as not having been dismissed at the end of their employment contract and as such will be not be entitled to redundancy payment.

It should be noted that if the terms and conditions of the alternative employment differ materially from the terms of the affected employee’s previous contract of employment, the offer must be made subject to a trial period of four weeks. During the trial period, the employee may decide that job is not suited to him/her. read more

 


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