Your Job Has Been Made Redundant - Understanding Your Entitlements and Rights
If your employer has told you your position is redundant, you have specific entitlements under Australian law including redundancy pay, notice periods, and consultation rights. A genuine redundancy means your job no longer exists - but if you suspect your employer is using redundancy to avoid unfair dismissal laws, this could be a "sham redundancy" worth thousands more in compensation. Act quickly - you typically have only 21 days from dismissal to lodge an unfair dismissal claim, and evidence gathering starts now.
Do You Need a Lawyer?
You need urgent legal advice if your redundancy seems suspicious, you haven't received proper consultation, or your employer hasn't followed correct procedures. Without a lawyer, you risk accepting inadequate compensation when you might be entitled to significantly more through unfair dismissal or general protections claims.
A redundancy lawyer can immediately assess whether your redundancy is genuine, calculate your full entitlements including any underpayments, and challenge the dismissal if it's unfair. The difference between accepting what you're offered and getting proper legal advice often means thousands of dollars - and you have strict time limits to act.
Get immediate help if: your employer hasn't consulted properly, they're hiring someone else to do similar work, you believe the redundancy is discriminatory, or you haven't received your full entitlements. Call 1300 636 846 now for urgent advice.
What Happens Next - The Redundancy Process
Understanding the correct redundancy process helps you identify when your employer has made mistakes that could invalidate your dismissal:
- Consultation begins - Your employer must consult with you and your representatives about the proposed redundancies, alternatives to redundancy, and measures to minimise adverse effects
- Selection criteria applied - If multiple employees could be made redundant, your employer must use fair, objective selection criteria
- Alternatives explored - Your employer must genuinely consider redeployment opportunities within the business or related companies
- Notice period commences - You receive written notice of termination with specific end date, or payment in lieu of notice
- Final payments calculated - Your employer calculates redundancy pay, annual leave, long service leave, and any other entitlements
- Termination occurs - Your employment ends and final payments should be made within seven days
- 21-day deadline starts - You have 21 days from termination to lodge unfair dismissal or general protections applications with the Fair Work Commission
Each step has legal requirements your employer must follow. Missing or inadequate consultation, unfair selection, or failure to consider alternatives can make your redundancy unlawful. Document everything and seek legal advice immediately if any step seems rushed or improper.
The Law in Australia
Redundancy entitlements are governed by the Fair Work Act 2009 and the National Employment Standards (NES). Your specific entitlements depend on your length of service, award coverage, and your employer's size.
Redundancy Pay Scale
The NES redundancy pay scale provides minimum entitlements based on your continuous service:
- At least 1 year but less than 2 years: 4 weeks pay
- At least 2 years but less than 3 years: 6 weeks pay
- At least 3 years but less than 4 years: 7 weeks pay
- At least 4 years but less than 5 years: 8 weeks pay
- At least 5 years but less than 6 years: 10 weeks pay
- At least 6 years but less than 7 years: 11 weeks pay
- At least 7 years but less than 8 years: 13 weeks pay
- At least 8 years but less than 9 years: 14 weeks pay
- At least 9 years but less than 10 years: 16 weeks pay
- 10 years and over: 12 weeks pay
Notice Periods
Your employer must provide notice or payment in lieu based on your service period and age:
- More than 1 year but not more than 3 years: 1 week notice
- More than 3 years but not more than 5 years: 2 weeks notice
- More than 5 years: 3 weeks notice
- Additional week if over 45 and 2+ years service
Small Business Exemptions
Businesses with fewer than 15 employees are exempt from paying redundancy pay under the NES, but you still receive notice entitlements and other rights. However, your award, enterprise agreement, or contract might still provide redundancy pay regardless of business size.
Genuine vs Non-Genuine Redundancy
Under Section 389 of the Fair Work Act, a redundancy is genuine when:
- The employer no longer requires the job to be performed by anyone because of changes in operational requirements
- The employer complied with consultation obligations
- It was not reasonable to redeploy you within the employer's enterprise or associated entities
If these conditions aren't met, your dismissal may be unfair rather than a genuine redundancy, potentially entitling you to reinstatement or compensation up to six months' wages.
Mistakes to Avoid
These common mistakes can cost you thousands in lost entitlements or damage your ability to challenge an unfair redundancy:
1. Accepting the first offer without checking your full entitlements
Many employers miscalculate redundancy pay, forget to include loadings or allowances in the calculation, or fail to pay out all leave entitlements. Always verify calculations independently and ensure you receive everything owed including superannuation, penalties, and any contractual benefits exceeding the NES minimums.
2. Signing documents without legal review
Redundancy agreements often contain clauses waiving your right to claim unfair dismissal or pursue other legal action. Once signed, these can be nearly impossible to overturn. Never sign anything under pressure - you're entitled to reasonable time to consider any settlement and seek independent advice.
3. Not documenting the consultation process
Poor consultation is one of the strongest grounds for challenging a redundancy. Keep detailed records of all meetings, who attended, what alternatives were discussed, and how decisions were communicated. Email summaries to your employer after important conversations to create a paper trail.
4. Missing the 21-day deadline for unfair dismissal claims
The Fair Work Commission has limited power to extend this deadline, and exceptional circumstances must exist. Don't wait to see if your employer will negotiate - lodge your application first and negotiate from a position of strength while your legal rights remain protected.
5. Assuming small business exemptions apply
Many employees wrongly believe they have no redundancy rights because their employer claims to be a small business. The 15-employee threshold is calculated specifically, related entities are included, and your award or contract may provide entitlements regardless. Get proper advice before accepting you're not entitled to redundancy pay.
Likely Outcomes and Costs
With legal representation, you can expect a thorough review of your redundancy within 48 hours, identification of any underpayments or procedural failures, and strategic advice on whether to accept the redundancy or challenge it. If your redundancy is found to be unfair, compensation can range from a few thousand dollars to six months' wages (currently capped at $76,507 for high earners).
Legal costs for redundancy matters typically range from $2,000-$8,000 for straightforward cases, with more complex disputes involving discrimination or general protections claims costing $5,000-$15,000. Most employment lawyers offer no-win-no-fee arrangements for strong cases, and the potential compensation often far exceeds legal costs.
Without legal help, you risk accepting inadequate compensation, missing procedural defects that could invalidate your redundancy, and losing the opportunity to pursue unfair dismissal claims worth tens of thousands of dollars. Self-represented applicants at the Fair Work Commission succeed in only about 20% of cases compared to 60-70% with proper representation.
Timeframes vary significantly - straightforward redundancy pay disputes can resolve within 2-4 weeks, while unfair dismissal cases typically take 3-6 months through the Fair Work Commission process. Acting quickly improves your outcomes and preserves more legal options.
How Go To Court Lawyers Can Help
Go To Court Lawyers has handled over 10,000 employment law matters across Australia with our network of 800+ specialist lawyers operating in every state and territory. We understand the financial stress of losing your job and the urgency of protecting your rights within tight legal deadlines.
Our redundancy lawyers immediately:
- Review your redundancy documentation and calculate your full entitlements
- Assess whether consultation requirements were properly followed
- Identify grounds for unfair dismissal or general protections claims
- Negotiate with your employer for maximum compensation
- Lodge Fair Work Commission applications before deadlines expire
- Represent you in conciliation and hearing processes
We offer fixed-price consultations at $295 to provide immediate clarity on your rights and options. Our 24/7 hotline on 1300 636 846 connects you directly with redundancy specialists who understand the urgency of your situation.
With a 4.5-star rating from 780 client reviews, our employment lawyers have recovered millions in compensation for employees facing redundancy. We offer no-win-no-fee arrangements for strong cases and can often resolve disputes without lengthy court proceedings.
Don't let tight deadlines cost you thousands in compensation. Book your consultation online at gotocourt.com.au/book or call 1300 636 846 now. Our redundancy specialists are available 24/7 to protect your rights and maximise your entitlements.