Resource GuideUpdated August 20267 pages (print)

AI-Driven Redundancies: What Business Owners Must Know

AI and automation are genuinely making some roles redundant. Before you act, follow the redundancy process for your jurisdiction — or a lawful business decision can become an unlawful dismissal.

The real shift — and the question owners are asking

This one is genuine, not hype. AI and automation are now doing work that used to need a person: first-line customer replies, data entry and reconciliation, scheduling, first-draft documents, parts of bookkeeping and reporting. For some businesses that means a role is smaller than it was — and for a few, that a role is no longer needed at all. It is a real operational change, and it is reasonable for an owner to respond to it.

So the question lands on a lot of desks right now: “The software does most of this job now — can I just let the person go?” The honest answer is: not without following the redundancy process for your jurisdiction. The decision to remove a role can be completely legitimate. Whether the way you remove it is lawful depends almost entirely on the process you follow to get there.

The trap in one sentence

A sound business reason carried out through the wrong process is how a genuine redundancy turns into an unfair or unlawful dismissal claim — the reason was fine; the handling wasn’t.

Redundancy is about the role, not the person

The foundation is the same everywhere: a redundancy is a decision about a position, made because the work has changed — here, because automation has absorbed enough of the role that it is no longer required, or no longer required in its current form. It is not a judgement about the individual’s performance, attitude, or any personal characteristic.

That distinction is not just semantics — it is the line regulators and tribunals look for. The moment a “redundancy” is really a way to move on someone you have a performance or conduct issue with, or someone in a protected group, it stops being a redundancy and becomes a dismissal dressed up as one. That is the single most common way owners get this wrong, and it is entirely avoidable.

Australia: redundancy is a legal process, not just a decision

In Australia, ending a role for redundancy is governed by the Fair Work Act and the National Employment Standards (NES). For the dismissal to stand up as a genuine redundancy, broadly three things need to be true: the employer no longer needs the role done by anyone (because of the operational change — here, automation); the employer has met any consultation obligations in the applicable modern award or enterprise agreement; and the employer has considered whether the person could reasonably be redeployed elsewhere in the business (or an associated entity).

On top of that sit the NES entitlements that attach to a redundancy: notice of termination (or pay in lieu), and redundancy pay scaled by the employee’s length of continuous service. How much, and exactly what applies, varies with the person’s circumstances, their award or agreement, and their tenure — which is why a generic answer is dangerous and a step-by-step one is not.

Australia: the order of operations is what people get wrong

The classic failure is not the decision — it is the sequence. Owners decide the role is gone, tell the person, and only then go looking for the paperwork. But consultation has to be genuine, which means it has to happen before the final decision is locked in, when the employee’s input could still change something (including possible redeployment). Consult after you’ve already decided and it isn’t consultation — and the redundancy can fail the “genuine” test even though the business reason was real.

ElementWhat it meansThe common mistake
Genuine operational reasonThe role is no longer required because the work has changed (e.g. automated)Using "redundancy" to exit a specific person you have an issue with
ConsultationDiscuss the change and its effects before the decision is final, per the award/agreementDeciding first, then "consulting" as a formality
RedeploymentGenuinely consider other suitable roles in the business or associated entitiesNot looking, or not documenting that you looked
Notice & redundancy payMeet NES notice and redundancy-pay entitlements for the personMiscounting service, or assuming the small-business exemption applies when it does not

Note the small-business exemption: employers with fewer than 15 employees are generally not required to pay redundancy pay under the NES — but the genuine-redundancy, consultation and redeployment expectations still matter, and how the headcount is counted has its own rules. Don’t assume; check.

Australia: a free tool that walks you through it

Because the process is where owners slip — and because getting the order and the paperwork right is very doable once you can see the steps — we built a free, interactive tool that walks you through an AU redundancy end to end and helps you produce the supporting documents as you go:

airedundancytoolkit.com — a step-by-step AU redundancy walkthrough that keeps the order of operations right (consult before you decide), prompts the redeployment check, and builds the paperwork trail as you work through it.

Use it before you talk to anyone

The toolkit is most useful before the first conversation, while every option is still open — that’s exactly the point at which genuine consultation has to happen. Start it at airedundancytoolkit.com. It is general guidance, not legal advice.

What both systems have in common

Wherever you operate, the same disciplines protect a genuine, AI-driven redundancy:

  • Document the business reason — write down what the automation now does, what the role no longer requires, and why the position (not the person) is affected.
  • Never disguise another decision as redundancy — a performance or conduct problem is a different process; a decision that lands on a protected group is a legal risk. Don’t launder either through “redundancy”.
  • Make selection defensible — if more than one person does similar work, choose against role-based, business criteria you could explain to a stranger, not personal ones.
  • Keep the evidence — you want a clear record that you followed a fair process: the reason, the consultation (where required), the redeployment consideration, and the entitlements paid.

The principle that travels

Get the process right and a genuine redundancy is straightforward; get the order wrong and the same decision becomes contestable. The paperwork isn’t bureaucracy — it’s your evidence.

This is general information, not legal advice

Redundancy law turns on the specifics — your size, the person’s service and award or agreement, and the exact circumstances. Treat this as a plain-English orientation, then confirm the details for your situation. In Australia, the Fair Work Ombudsman (fairwork.gov.au) is the free first stop, and for anything material you should get advice from an employment lawyer.

Where SG1 fits

We help owners make the AI-and-automation change deliberately rather than reactively — understanding which parts of a role are genuinely automatable, what that means for the people doing the work, and how to make any resulting change carefully and on the front foot. We are not your lawyer, and we’ll always point you to proper legal advice for the dismissal itself — but we can help you think it through before you get there.

And before you do anything, start with the free walkthrough at airedundancytoolkit.com — it will keep you on the right path and give you the paperwork to show for it.

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