Comment Re:Translation: (Score 1) 22
Indeed, it is a considerable fuck up, but not for the reasons most people think.
While I cannot speak directly to Australian Law but I can speak to NZ Law and I know that there is enough similarities and crossover that similar rights and provisions exist. There are significant protections for 'Fair Dealing' and acting 'in Good Faith' especially around redundancy and dismissal processes.
What this means is that employees must be involved in any decision that involves their dismissal or redundancy. Employees must be offered the opportunity seek legal advice and to respond, and the employer MUST take their positions into consideration. Employers must be shown to have considered all other options before making an employee redundant.
By sending out these emails before consulting with the employees, even if this may have been the final meeting in the process, it can be easily argued that the outcome has been predetermined and employees have been denied their right of response. This is a big no-no.
This has the implication that the redundancies could be proven to be invalid or not genuine. Large penalties have also been applied previously in non-genuine redundancy cases. There is also significant case law to back this up. Sure, they could take the fight to keep they jobs (and likely be successful), but who would want to stay after that treatment? Ultimately, while it may not be able save the positions of those being made redundant, it could be used force significant increases to severance payments for those leaving.
ANZ Australia had their second largest profit in 2024, and the fair half of 2025 yielded a 16% profit increase on the previous half. They have no position to argue that redundancies are financially motivated.
IANAL but a former NZ employer once tried to force me out through an illegitimate redundancy processes. They experienced FAFO.