Are you in VIC? If not, please change below.

In your state, you are required to confirm you wish to access this information. Please enter 'QLD' or 'WA' in the field below to continue.

No thanks

Don’t let redundancy ruin your Christmas

Young business woman fired from a job | Shine Lawyers

With just under two months until Christmas, an unfortunate reality is that this time can bring uncertainty around the security of your employment. Big and small businesses sometimes approach this time of year as a time to reduce costs and people headcounts, looking to start the year fresh. The festive season often sees a spike in redundancies and layoffs, which can have a staggering impact on families.

Redundancy occurs most often when an employer makes a decision that the role is no longer needed. Under employment law, the redundancy must be genuine. If it’s not, you may have rights to compensation for any harm or loss that has resulted.

Some common situations where your role may not have been made genuinely redundant include when:

  • Your job still needs to be done by someone. Commonly this occurs if your same role is advertised immediately after you have been made redundant.
  • The employer hasn’t followed certain requirements. Some awards and employments require consultation with you and fellow employees before redundancy can occur.
  • Your employer could have reasonably offered you another role within the business or a related entity, but failed to do so.

 

woman-concerned-checks-computer

 

How long until I should seek legal advice?

If you have been made redundant, or have been told you may be made redundant, it’s best to seek legal advice straight away. Calculating redundancy entitlements can be complex and your employer may not always get it right. Depending upon factors such as your age, your level of service and your award or contract, you may be entitled to certain benefits that your employer hasn’t provided for. Sometimes things such as bonuses are excluded or miscalculated during the redundancy process.

All too often, we find that employers attempt to make people redundant in situations where it wasn’t genuine. If this is the case, you may really have been fired due to:

  • A decision that was harsh, unjust or unreasonable;
  • Discrimination; or
  • A protected workplace right – such as taking genuine sick leave or annual leave.

In these situations, you may have a right to bring a claim against your employer for unfair dismissal or breach of contract if you fall outside of the jurisdiction of the Fair Work Act. Generally, you must start your claim within 21 days of being dismissed, so it’s important to seek legal advice quickly. You may be entitled to seek compensation or have your role reinstated.

Shine Lawyers Employment Team help everyday workers all over Australia during business hours and after. Get in touch today to find out how we can protect your rights as an employee.

Written by Shine Lawyers on . Last modified: November 10, 2017.

Join the discussion

Share this article:

There are 0 comments. Be the first!

NSFW: What words are “Safe for Work”

Words can be very powerful and the recent move by the Katter party to protect gendered language (like “her” and “him”) in the workplace along with the union delegate fined for his “strong words” has raised some interesting conversations about what you can, and can’t, say in the office. There are actually already lots of […]

Read more

Why do employees quit?

Retaining top of the market talent is as important, if not more important than attracting new talent. Whilst retaining staff is no easy feat, employee turnover costs significantly more than many people realise. Not only is there the added cost of recruiting and training new staff, but the flow on effect creates deeper issues. High […]

Read more

How To Get a Pay Rise

In a period where the cost of living has increased monumentally, workers’ wages haven’t followed the same trajectory. In fact, workers’ wages have increased at record low levels over the past 5 years.[1] That is not to say a sizeable pay rise is unrealistic nor unattainable. Instead, it means workers ought to think harder about […]

Read more

Fair Work Commission announces increase to the minimum wage

Today the Fair Work Commission handed down its yearly wage review decision. The good news for employees is that the Commission decided that the national minimum wage should be increased by 3.5%. This now means that the hourly national minimum wage from 1 July 2018 will rise to $18.93. The weekly minimum wage will now […]

Read more