Can I be made redundant if my position still exists?
Can I be made redundant if my position still exists?
No, but often the issue of whether or not a job still exists is a complicated one. Your employer has to be reasonable when making you redundant. So, if you find out that someone else takes your job just after you’re made redundant, you could have a case for unfair redundancy.
Do you get a payout if made redundant?
If you’re being made redundant, you might be entitled to redundancy pay. You’ll only get redundancy pay if it is a genuine redundancy – check if your redundancy is fair. There are 2 types of redundancy pay you could get: ‘statutory’ redundancy pay – what the law says you’re entitled to.
How much is a redundancy payout?
How much is paid?
| Length of service | Redundancy payment |
|---|---|
| Less than 2 years, but more than 1 | 4 weeks |
| Less than 3 years, but more than 2 | 6 weeks |
| Less than 4 years, but more than 3 | 7 weeks |
| Less than 5 years, but more than 4 | 8 weeks |
What reasons can a company make you redundant?
Situations that can cause redundancy?
- The need for the worker has diminished or ceased.
- New systems in the workplace.
- The job no longer exists because other workers are doing the work you carried out.
- The workplace has closed or is closing down.
- The business moves.
- The business is transferred to another employer.
What makes a position redundant?
If there is no longer any function or duty to be performed by that person, his or her position becomes redundant. An employee may still be genuinely made redundant when there are aspects of the employee’s duties still being performed by other employees.
Can you negotiate redundancy package?
Negotiating a Redundancy Package – Conclusion. When you’re about to be made redundant, you have very little to lose by trying to negotiate a better redundancy package from your employer. Your employer wants to avoid subsequent legal action so will often be more flexible than you might expect.
Is redundancy worth appealing?
Even if there’s no appeals process, you can still write to your employer with the reasons you think the redundancy is unfair. You should appeal in writing to your employer within a reasonable timescale of being told you’ll be made redundant. For example, 5 days could be reasonable.
Can a company make you redundant for no reason?
These are called ‘automatically unfair reasons’. They’re unfair no matter how long you’ve been working for your employer. You can be made redundant in these situations, but not if they’re the reason for your redundancy.
How much notice do you need to give when making someone redundant?
The statutory redundancy notice periods are: at least one week’s notice if you have been employed between one month and two years. one week’s notice for each year if employed between two and 12 years. 12 weeks’ notice if employed for 12 years or more.
Can your employer make you redundant without notice?
Your employer can declare your job redundant if the requirement for the work you are doing has either ceased or is diminishing. Redundancy is one of the statutory fair reasons for dismissal, but the employer must still ensure that there is a fair procedure leading to dismissal on these grounds.
Can I be made redundant if my job still exists? Redundancy is only allowed if there’s no longer a need for the role to exist, and it certainly isn’t legal for you to be made redundant only for your job to be taken by someone else shortly after you’ve been made redundant.
How many weeks pay do you get for redundancy?
What redundancy pay is payable?
Period of continuous service Redundancy pay At least 1 year but less than 2 years 4 weeks At least 2 years but less than 3 years 6 weeks At least 3 years but less than 4 years 7 weeks At least 4 years but less than 5 years 8 weeks Your employer can’t pay you less than this. But they might have to pay you more if your employment contract says so. This is called ‘contractual redundancy pay’. This could mean a bigger lump sum or getting a payout, even if you’ve worked there for less than two years.
Can a company hire after making a redundant position?
The simple answer is yes, you can recruit after making a position redundant. Once employment has been terminatedby reason of redundancy, employers are not subject to any legally-imposed time period before which they can hire again for the redundant role.
Can a redundancy lead to a retrenchment?
Redundancies can lead to retrenchment, but not necessarily. This is where employers often get it wrong.
When was redundancy notice sent to 43 employees?
On 19 February 2014 the respondent wrote to 43 employees, including each of the applicants, notifying them of their redundancy and advising that their employment would come to an end on 20 March 2014. The respondent offered each applicant employment as a casual employee.
Who was the only person to be made redundant?
The employee scored poorly in a number of areas in the skills assessment and was consequently made redundant. It was held that it was a genuine redundancy. Solari v RLA Polymers Pty Ltd [2010] FWA 5676 (Sams DP, 30 July 2010). The employer closed one of its 2 plants. The employee was the only person to be made redundant.