Spill and Fill: A Fair Redundancy Process?


Next in Contract Law

In a world of growing job insecurity and uncertainty, the sceptre of redundancy looms large on the horizon of many work places, both private and public. In some western jurisdictions, although not all, the definition of redundancy and some degree of legal protection for employees facing it are enshrined in statute. However, the power to decide on redundancies lies with employers. In an attempt to minimise legal scrutiny and public challenges to the process, employers adopt a “spill and fill” process whereby employees are spilled from their positions that are then open for those employees plus others to apply. 

Image courtesy of interviewee. October 12, 2020

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