Turner Freeman can advise on entitlements following redundancy and can assist workers obtain their entitlements.
What is a redundancy?
Redundancy occurs where your Employer no longer requires your job to be done by anyone due to changes in the operational requirements of the business. This might be caused by a downturn in your industry, a restructuring of the company or relocation interstate. Your job then becomes redundant.
Your Employer should consult with you before making your position redundant.
What if the redundancy isn’t genuine?
If you believe that you have been made redundant by your Employer and the reason was not a genuine, for example where your job is being performed by another employee promoted into your position, or your Employer has employed a new employee to perform your position, you should contact us for legal advice.
A redundancy is also not genuine where it would have been reasonable in the circumstances to redeploy you to another employment position.
Where your Employer employs more than fifteen (15) employees and you have been employed for at least one (1) year, you are entitled to a redundancy payment. The amount of redundancy you will receive would depend on your years of service with your Employer and your entitlements set out under the Fair Work Act 2009, an Award, Agreement or Contract that governs your employment.
On redundancy you are also entitled to receive a notice payment. This payment will also depend on your years of service with your Employer and any contractual entitlements.
Depending on the seniority of your position and your length of service with your Employer, we can assess what notice period is reasonable in your circumstances.
You should contact us if you are unsure if you have been paid the correct redundancy payment.
If you have been made redundant by your Employer, but have not received any payment you should contact us for some advice. You may not be entitled to a redundancy payment if you are not a regular casual employee.
On redundancy, your outstanding employee entitlements, such as annual leave must also be paid.
If your redundancy is not genuine you may also be eligible to bring an unfair dismissal claim against your Employer. This must be done within 21 days. Please refer to the Unfair Dismissal part of our website under Termination for more details on this potential claim and how we can further assist you.
If you believe you have been selected for redundancy because of your age, race, sex or on other discriminatory grounds, please refer to the Adverse Action part of our website under Termination for more details on this potential claim and how we can further assist you.