Redundancy and Termination
Contrary to popular belief, employment law legislation changes have not completely removed all public rights.
Constant legislative change has created tremendous confusion in the mind of the public. Many people believe they have lost many of their pre-existing rights which is not correct. There are a number of alternative remedies which are still available which are far more valuable than those prescribed by legislation. One area of confusion is how employees redundancy entitlements operate. The simple answer is that entitlements for either redundancy or termination remain intact but at all times they must be genuine.
Although at common law there is no general right to severance it has been enshrined in industrial law for a long period of time. Currently an employee's entitlements in this area are dependant upon a number of factors. Essentially an employee's entitlement to redundancy pay needs to be traced back to a redundancy provision applicable to that person. If there is none then there is no entitlement to redundancy or severance. Where redundancy is not provided for under an industrial instrument the employee has no statutory right to severance pay when redundant unless provided for in the employee's contract of employment.
The new changes deal with the entitlements of employees involved in small businesses. That is, businesses with less than 15 employees rather than the former category of under 100. As for everybody else redundancy pay becomes available on termination where an employer has 15 or more employees and an employee is terminated for operational reasons or the employer becomes insolvent.
Redundancy and Termination Articles
Employment Law - Redundancy - Unfair Dismissal - Should Employers Offer a Lower Paid Position to Employees?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to review Margolina v Jenny Craig Weight Loss Centres Pty Ltd [2011]FWA 5215. This case addressed issues of whether it would have been reasonable to redeploy the employee into a lower paying position when she was made redundant. She argued that it was not a genuine redundancy as the employer never offered her alternative employment in a lower paid position.
Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.
Employment Law - Restraint of Trade - Cascading Clauses
Date: December 20, 2010
Author(s): LAC Lawyers
Restraint of trade has garnered an ever increasing amount of attention over the past few years as employers attempt to restrain former employees in their conduct after they leave their employ.
Employment Law - Unfair Dismissal and Discrimination Provisions
Date: December 07, 2010
Author(s): LAC Lawyers
If you can answer yes to any of the following questions then this article on Unfair Dismissal and Discrimination is for you
Unlawful Discrimination Claims and Limitation Periods
Date: December 01, 2010
Author(s): LAC Lawyers
Having established your right to make an unlawful discrimination claim, the next step that one needs to consider is the limitation period for the lodgement of such a claim.
Employment Law - The Rights of an Employer and their Employee
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
With the Law in this area constantly changing, many employers and employees are uncertain as to their rights with respect to such things as employment contracts, termination of employment and redundancy.
Employment Law - You Have Been Terminated, Does it Amount to Unfair Dismissal?
Date: October 08, 2010
Author(s): LAC Lawyers
Organisations with It is becoming more rampant in the current times that an employee is found to have been terminated. Termination of employment can take several forms and unfair dismissal seems to be a common occurrence.