If you believe your employer has unfairly or unjustly made your position redundant, it may have failed to follow procedural requirements surrounding the redundancy of your position. Your employer is obliged to follow a process prior to making the redundancy package payment.
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.
Being made redundant can be an incredibly stressful time for any employee. With all the upheaval, it can be unclear what rights you have available to you as an employee. While the process of seeing through a redundancy can be quite complex, it is important to understand what you are entitled to in order to ensure you receive what you are duly owed.
The assignment of a new work place location can place a burden on an employee in the form of time, cost or even where that employee can live. In circumstances where an employee is worse off due to a relocation that employee may be entitled to claim a redundancy entitlement.
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.
How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
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.
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:
- The National Employment Standards in the Fair Work Act 2009 (Cth);
- Any applicable industry modern award;
- An employer-specific enterprise bargaining agreement; and/or
- Rights under other pieces of legislation.
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’.
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.
Can I make a claim against my employer if my previous position is no longer available when I return from unpaid parental leave?
Yes, The Fair Work Act 2009 (Cth) provides a specific guarantee to employees returning from unpaid parental leave.