If your job is no longer required to be performed by anyone, then your position has become redundant. This is often due to changes in the organisational structure and operational requirements of the workplace.
If you are made redundant, you are entitled to a redundancy payment that is proportionate to the length of your employment, ranging from 4 weeks to 12 weeks of pay.
In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.
Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.
If you wish to lodge an Unfair Dismissal or General Protections Involving Dismissal application with the Fair Work Commission, you have 21 days beginning from the date your dismissal takes effect.
You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:
When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences? The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.
Unfair Dismissal Lodgement of FWC Unfair Dismissal Employer is notified and provided with an opportunity to lodge an Employer’s Response.
There are a number of considerations to take into account in order to determine whether you are entitled to redundancy pay.
If your contract of employment does not address the issue of redundancy, entitlement to a redundancy pay will not be implied as a term of your contract, and therefore cannot be contractually enforced.
Yes, The Fair Work Act 2009 (Cth) provides a specific guarantee to employees returning from unpaid parental leave.
Your position is redundant when your employer no longer desires to have it performed by anyone. Employers often resist making a severance payment to an eligible employee whose position has been made redundant.
Equal Opportunity Act 2010 (Vic), Fair Work Act 2009 (Cth) and Sex Discrimination Act 1984 (Cth). It is unlawful to terminate a female worker’s employment because she is on maternity leave.
Why are they doing this? You ought to be suspicious that the purpose of the freezing out is to cause you to become so frustrated that you resign and walk away.
This is your best guide to the complex Fair Work Act. It makes navigating the act easy.
Everyone's situation is different but...
Fair Work Act 2009 - protection and compensation
Read how this act applies to your situation.
Dealing with misleading conduct by your employer
The Competition and Consumer Act plays an important role...
See a list of courts and other institutions.
