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We recognise the challenges faced by employees during redundancy. Our team is dedicated to providing expert legal advice and strong representation to ensure that your rights are protected in a redundancy situation. We guide you through the process, helping you understand your entitlements and options.

Karena Nicholls

Karena Nicholls

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What is genuine redundancy?

A redundancy happens when an employer no longer requires the employee’s job to be done by anyone or becomes insolvent or bankrupt. Factors that may contribute to redundancy include restructures within an organisation, relocation of the business, new technology in place of manual labour, a downturn in sales or production or if a business closes down. Depending on your terms of employment and the nature of the company, there are certain criteria that must be met to ensure that a redundancy is genuine such as consultation regarding major workplace changes or severance pay depending on years of service. However, the criteria that is required to be met varies from person to person.

The employee is to be given written notice of redundancy, in line with their period of continuous service. Employees over 45 years old who have been employed for at least two years are entitled to an additional week of notice.

There are various eligibility requirements for an employee to be made redundant. For instance, the employee must have engaged in a period of continuous service with the employer for over 12 months. Additionally, they must be employed on a full-time or part-time status, NOT on a casual or temporary basis.

There may be other obligations and requirements that the employer and employee will be liable for. The team of Lawyers at Coutts will be able to assess your circumstances and advise you on the appropriate action to take.

What is not considered as a genuine redundancy?

If an employer makes you redundant but still requires someone to perform your role, you may have a claim for non-genuine redundancy. This usually occurs when the employer hires someone else for that job or if the employer fails to follow the consultation requirements in the applicable modern award or enterprise agreement.

What am I entitled to when being made redundant?

Depending on the terms of employment, you may be entitled to severance pay. The amount payable is determined based on your length of service. The ‘Redundancy pay period’ table found in the Fair Work Act 2009 can be used to guide this. Furthermore, you must be paid any leave entitlements accrued but not used during the course of your employment.

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What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.

Introducing Karena

Your Compassionate Lawyer.

Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.

Karena Nicholls - Employment Expert
Karena Nicholls - Employment Expert

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Redundancy FAQ’s

A genuine redundancy arises when your job is no longer needed due to operational reasons, such as business restructures, advancements in technology, or a downturn in sales. There are specific criteria, such as consultation processes, which must be met to ensure the redundancy is genuine.

If your role is still required after your redundancy or someone else is hired for your previous position, it might indicate a non-genuine redundancy. Also, if your employer fails to follow consultation requirements outlined in the relevant award or enterprise agreement, the redundancy could be contested.

The notice period corresponds with the employee’s period of continuous service. Those over 45 years old with at least two years of service are entitled to an additional week’s notice.

Generally, redundancy entitlements apply to full-time or part-time employees with continuous service of over 12 months. Casual and temporary employees are often excluded.

Depending on your employment terms, you might receive severance pay based on your service length. The ‘Redundancy pay period’ table in the Fair Work Act 2009 specifies this. You should also receive payment for any accrued but unused leave entitlements.

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