What is a non genuine redundancy?
What is a non genuine redundancy?
A dismissal is not a genuine redundancy if the employer: still needs the employee’s job to be done by someone (for example, hires someone else to do the job) could have reasonably given the employee another job within the employer’s business or an associated entity in the circumstances.
Can my employer make me redundant without pay?
Your employer can declare your job redundant if the requirement for the work you are doing has either ceased or is diminishing. It does not automatically follow from being put at risk of redundancy that it is you who will ultimately be made redundant.
How does redundancy pay Work NSW?
If you are entitled to redundancy pay, you will be paid your ordinary rate of pay. You should generally be paid when you finish work or on the next regular payday. If you are made redundant you may also be entitled to notice or payment in lieu of notice. Not all redundancies are genuine.
What is non statutory redundancy pay?
Non-Statutory Redundancy Pay, also often called contractual redundancy pay, is what your employer chooses to pay you above and beyond that. Usually, because it says they have to in your contract of employment. Occasionally, a company will go beyond your contract entitlement and offer something even more generous.
How do I prove my redundancy is real?
What is a ‘genuine redundancy’? A ‘genuine redundancy’ under the Fair Work Act 2009 (Cth)[3] requires an employer to demonstrate the following: it no longer required the person’s job to be performed by anyone; it has complied with consultation obligations under an award or enterprise agreement; and.
Can you claim unfair redundancy?
Your employer might have made you redundant when actually you’ve been unfairly dismissed. If you think you shouldn’t have been made redundant or you think that your employer didn’t follow the process correctly, you might be able to make a claim to an employment tribunal for unfair dismissal.
What is the cap on redundancy pay?
If you were made redundant on or after 6 April 2021, your weekly pay is capped at £544 and the maximum statutory redundancy pay you can get is £16,320. If you were made redundant before 6 April 2021, these amounts will be lower. Calculate your redundancy pay.
Is statutory redundancy pay increasing in 2021?
In April 2021, these changes include the extension of IR35 reforms to the private sector, a tweak to the national minimum wage age bands, and increases to statutory redundancy pay and statutory maternity pay.
Employees receive redundancy pay based on their continuous period of service with their employer. This amount is paid at the employee’s base pay rate for ordinary hours worked.
What are my redundancy entitlements NSW?
Redundancy pay is a payment offered to an employee because their employer no longer needs anyone to do their job….How much is paid?
| Length of service | Redundancy payment |
|---|---|
| Less than 9 years, but more than 8 | 14 weeks |
| Less than 10 years, but more than 9 | 16 weeks |
| At least 10 years | 12 weeks |
Where can I find the amount of redundancy pay owed?
The amount of redundancy pay owed to an employee can be found in the National Employment Standards, the Modern Award or the relevant enterprise agreement.
Can a person refuse to take redundancy pay?
The Fair Work Commission will not entertain a situation where an employee faced with redundancy and is offered comparable alternative employment but refuses it because they would rather accept a redundancy payment. An employee who refuses suitable alternative employment in this circumstance will not be entitled to receive any redundancy pay.
How to calculate notice and redundancy pay under NES?
You can find out how much notice and redundancy pay is required under your award or under the National Employment Standards (NES). If your registered agreement has more generous notice and redundancy entitlements than the NES, you shouldn’t use this calculator.
What do you need to know about redundancy in Australia?
Redundancy does not replace other entitlements such as any unused annual or long service leave. It is a separate entitlement if you are eligible. We suggest that you seek advice on your own personal circumstances. If you have any questions please contact our Workplace Advice and Support team at Professionals Australia.